Common use of Voluntary Bankruptcy; Insolvency; Dissolution Clause in Contracts

Voluntary Bankruptcy; Insolvency; Dissolution. Borrower’s filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, “Debtor Relief Law”); or (bb) Borrower’s filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower or the Property or the petition’s material allegations regarding Borrower’s insolvency; or (cc) Borrower’s making a general assignment for the benefit of creditors; or (dd) Borrower’s applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower or any of its property; or (ee) the filing by or against Borrower of a petition seeking the liquidation or dissolution of Borrower or the commencement of any other procedure to liquidate or dissolve Borrower.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Deed of Trust (KBS Real Estate Investment Trust, Inc.)

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Voluntary Bankruptcy; Insolvency; Dissolution. Borrower(aa) Mortgagor’s filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, “Debtor Relief Law”); or (bb) BorrowerMortgagor’s filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower or the Property or the petition’s material allegations regarding BorrowerMortgagor’s insolvency; or (cc) BorrowerMortgagor’s making a general assignment for the benefit of creditors; or (dd) BorrowerMortgagor’s applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower Mortgagor or any of its property; or (ee) the filing by or against Borrower on behalf of Mortgagor of a voluntary petition seeking the liquidation or dissolution of Borrower Mortgagor or the commencement of any other procedure by or on behalf of Mortgagor to liquidate or dissolve BorrowerMortgagor.

Appears in 2 contracts

Samples: Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.), Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (Cole Credit Property Trust III, Inc.)

Voluntary Bankruptcy; Insolvency; Dissolution. Borrower’s Xxxxxxxx's filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified ("Bankruptcy Code"), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, "Debtor Relief Law"); or (bb) Borrower’s 's filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower or the Property or the petition’s 's material allegations regarding Borrower’s Xxxxxxxx's insolvency; or (cc) Borrower’s Xxxxxxxx's making a general assignment for the benefit of creditors; or (dd) Borrower’s 's applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower or any of its property; or (ee) the filing by or against Borrower of a petition seeking the liquidation or dissolution of Borrower or the commencement of any other procedure to liquidate or dissolve Borrower.

Appears in 2 contracts

Samples: Deed of Trust (Protein Design Labs Inc/De), Deed of Trust (Protein Design Labs Inc/De)

Voluntary Bankruptcy; Insolvency; Dissolution. (aa) Borrower’s filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, “Debtor Relief Law”); or (bb) Borrower’s filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower or the Property or the petition’s material allegations regarding Borrower’s insolvency; or (cc) Borrower’s making a general assignment for the benefit of creditors; or (dd) Borrower’s applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower or any of its property; or (ee) the filing by or against Borrower of a petition seeking the liquidation or dissolution of Borrower or the commencement of any other procedure to liquidate or dissolve Borrower.

Appears in 1 contract

Samples: Mezzanine Loan Agreement

Voluntary Bankruptcy; Insolvency; Dissolution. Borrower’s filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, “Debtor Relief Law”); or (bb) Borrower’s filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower or the Property or the petition’s material allegations regarding Borrower’s insolvency; or (cc) Borrower’s making a general assignment for the benefit of creditors; or (dd) Borrower’s applying for, or for the appointment of, of a receiver, trustee, custodian or liquidator of Borrower or any of its property; or (ee) the filing by or against Borrower of a petition seeking the liquidation or dissolution of Borrower or the commencement of any other procedure by Borrower to liquidate or dissolve Borrower.

Appears in 1 contract

Samples: Loan Agreement (Bloomin' Brands, Inc.)

Voluntary Bankruptcy; Insolvency; Dissolution. BorrowerMortgagor’s or Operating Tenant’s filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, “Debtor Relief Law”); or (bb) BorrowerMortgagor’s or Operating Tenant’s filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower Mortgagor or the Property or the petition’s material allegations regarding BorrowerMortgagor’s or Operating Tenant’s insolvency; or (cc) BorrowerMortgagor’s or Operating Tenant’s making a general assignment for the benefit of creditors; or (dd) BorrowerMortgagor’s or Operating Tenant’s applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower Mortgagor, Operating Tenant or any of its their property; or (ee) the filing by or against Borrower Mortgagor or Operating Tenant of a petition seeking the liquidation or dissolution of Borrower Mortgagor or Operating Tenant or the commencement of any other procedure to liquidate or dissolve BorrowerMortgagor or Operating Tenant.

Appears in 1 contract

Samples: Leasehold Mortgage and Absolute Assignment of Rents and Leases and Security Agreement (And Fixture Filing) (Lasalle Hotel Properties)

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Voluntary Bankruptcy; Insolvency; Dissolution. Borrower’s (i) The filing of a petition by Borrower or Parent for relief under the Bankruptcy Reform Act of 1978, as amended Code or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other debtor relief to debtors law (collectivelyeach such law, including the Bankruptcy Code, a “Debtor Relief Law”); or (bbii) Borrower’s the filing of any pleading or an answer by Borrower or Parent in any involuntary proceeding under the Bankruptcy Code or other any Debtor Relief Law which admits the jurisdiction of a the court to regulate Borrower or the Property or the petition’s material allegations regarding Borrower’s or Parent’s insolvency; or (cciii) Borrower’s making a general assignment by Borrower or Parent for the benefit of creditors; (iv) Borrower or (dd) Borrower’s Parent applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower or Parent or any of its property; or (eev) the filing by or against Borrower of a petition seeking the liquidation or dissolution of Borrower or Parent takes any action authorizing any of the commencement of any other procedure to liquidate or dissolve Borrower.foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Highland Hospitality Corp)

Voluntary Bankruptcy; Insolvency; Dissolution. Borrower(aa) Trustor’s filing a petition for relief under the Bankruptcy Reform Act of 1978, as amended or recodified (“Bankruptcy Code”), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, “Debtor Relief Law”); or (bb) BorrowerTrustor’s filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law which admits the jurisdiction of a court to regulate Borrower Trustor or the Property or the petition’s material allegations regarding BorrowerTrustor’s insolvency; or (cc) BorrowerTrustor’s making a general assignment for the benefit of creditors; or (dd) BorrowerTrustor’s applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower Trustor or any of its property; or (ee) the filing by or against Borrower Trustor of a petition seeking the liquidation or dissolution of Borrower Trustor or the commencement of any other procedure to liquidate or dissolve BorrowerTrustor.

Appears in 1 contract

Samples: Deed of Trust (Paladin Realty Income Properties Inc)

Voluntary Bankruptcy; Insolvency; Dissolution. (i) Borrower’s 's filing of a petition for relief under the Bankruptcy Reform Act of 1978, 1978 (as amended or recodified (“recodified, the "Bankruptcy Code"), or under any other present or future state or federal law regarding bankruptcy, reorganization or other relief to debtors (collectively, "Debtor Relief Law"); or or (bbii) Borrower’s 's filing any pleading in any involuntary proceeding under the Bankruptcy Code or other Debtor Relief Law Law, which admits the jurisdiction of a court to regulate Borrower or the Property or the petition’s 's material allegations regarding Borrower’s 's insolvency; or or (cciii) Borrower’s 's making a general assignment for the benefit of creditors; or or (ddiv) Borrower’s 's applying for, or the appointment of, a receiver, trustee, custodian or liquidator of Borrower or any of its propertyBorrower; or or (eev) the filing by or against Borrower of a petition seeking the liquidation or dissolution of Borrower or the commencement of any other procedure to liquidate or dissolve Borrower.; or

Appears in 1 contract

Samples: Loan Agreement (Corporate Realty Income Fund I L P)

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