Common use of Voluntary Bankruptcy Proceeding Clause in Contracts

Voluntary Bankruptcy Proceeding. Any Obligor shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence a proceeding seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 9 contracts

Samples: Loan Agreement (Female Health Co), Loan Agreement (Female Health Co), Loan and Security Agreement (Galileo Corp)

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Voluntary Bankruptcy Proceeding. Any Obligor The Parent Borrower, any Guarantor or any Foreign Subsidiary Borrower with Obligations then outstanding under this Agreement shall (i) commence a voluntary case under the federal bankruptcy laws any Debtor Relief Laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debtsDebtor Relief Laws, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other lawsDebtor Relief Laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 5 contracts

Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party or any Restricted Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect)any Debtor Relief Laws, (ii) commence file a proceeding seeking petition seeking, as a debtor or debtor-in-possession, to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debtsDebtor Relief Laws, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other lawsany Debtor Relief Laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, interim receiver, receiver and manager, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, creditors or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc), Term Loan Credit Agreement (Beacon Roofing Supply Inc)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, ; (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, ; (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, ; (v) admit in writing its inability to pay its debts as they become due, ; (vi) make a general assignment for the benefit of creditors, ; or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 3 contracts

Samples: Credit Agreement (Healthplan Services Corp), Credit Agreement (Medical Manager Corp), Credit Agreement (Healthplan Services Corp)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 3 contracts

Samples: Credit Agreement (Pittston Co), Credit Agreement (Brinks Co), Credit Agreement (Pittston Co)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 3 contracts

Samples: Credit Agreement (Radyne Corp), Credit Agreement (Golf Trust of America Inc), Credit Agreement (Golf Trust of America Inc)

Voluntary Bankruptcy Proceeding. Any Obligor shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Aircarriers Support Inc), Loan and Security Agreement (Kellstrom Industries Inc)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party or any Restricted Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect)any Debtor Relief Laws, (ii) commence file a proceeding seeking petition seeking, as a debtor or debtor--in--possession, to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debtsDebtor Relief Laws, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other lawsany Debtor Relief Laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, interim receiver, receiver and manager, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, creditors or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Beacon Roofing Supply Inc)

Voluntary Bankruptcy Proceeding. Any Obligor shall Loan Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), , (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, , (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, , (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, , (v) admit in writing its inability to pay its debts as they become due, , (vi) make a general assignment for the benefit of creditors, or or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Russell Corp)

Voluntary Bankruptcy Proceeding. Any Obligor of the Borrowers shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Med Waste Inc)

Voluntary Bankruptcy Proceeding. Any Obligor shall The Borrower or any Subsidiary shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), , (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, , (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, , (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, , (v) admit in writing its inability to pay its debts as they become due, , (vi) make a general assignment for the benefit of creditors, or or (vii) take any corporate or other action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Voluntary Bankruptcy Proceeding. Any Obligor After the Agreement Date, either Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence a proceeding seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Freedom Financial Group Inc)

Voluntary Bankruptcy Proceeding. Any Obligor shall The Borrower or any Subsidiary shall: (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, ; (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, ; (iv) apply for or consent to, to or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, ; (v) admit in writing its inability to pay its debts as they become due, ; (vi) make a general assignment for the benefit of creditors, ; (vii) make a conveyance fraudulent as to creditors under any state or federal law; or (viiviii) take any corporate or partnership action for the purpose of authorizing effecting any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Todhunter International Inc)

Voluntary Bankruptcy Proceeding. Any Obligor The US Borrower or any Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effecteffect or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts), (ii) commence file a proceeding petition, make an application or take any step (including convening a meeting) seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up up, composition, assignment or composition arrangement for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed or application made against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, administrator, administrative receiver, manager or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Voluntary Bankruptcy Proceeding. Any Obligor A Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence a proceeding seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate entity action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Offshore Tool & Energy Corp)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.. 50

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Voluntary Bankruptcy Proceeding. Any Obligor The Company shall (i) commence a voluntary case under the federal Federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (United States Lime & Minerals Inc)

Voluntary Bankruptcy Proceeding. Any Obligor The Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Bulk Terminals Inc)

Voluntary Bankruptcy Proceeding. Any Obligor Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit and Security Agreement (Interpool Inc)

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Voluntary Bankruptcy Proceeding. Any Obligor The Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence a proceeding seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Supreme International Corp)

Voluntary Bankruptcy Proceeding. Any Obligor shall (i) commence a -------------------------------- voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence a proceeding seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Female Health Co)

Voluntary Bankruptcy Proceeding. Any Obligor shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence a proceeding seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.. 78369 60

Appears in 1 contract

Samples: Loan and Security Agreement (Intellicall Inc)

Voluntary Bankruptcy Proceeding. Any Obligor The Parent or any Subsidiary shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Dollar Express Inc)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, creditors or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Loehmanns Holdings Inc)

Voluntary Bankruptcy Proceeding. Any Obligor Borrower shall (i) commence a voluntary case under the federal bankruptcy laws any Insolvency Law (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under any such bankruptcy laws Insolvency Law or other lawslaw, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit and Security Agreement (Seacastle Inc.)

Voluntary Bankruptcy Proceeding. Any Obligor shall Borrower or Subsidiary shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), , (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, , (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, , (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee or Or liquidator of itself or of a substantial part of its property, domestic or foreign, , (v) admit in writing its inability to pay its debts as they become due, , (vi) make a general assignment for the benefit of creditors, or or (vii) take any corporate or other action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Voluntary Bankruptcy Proceeding. Any Obligor The BORROWER or any GUARANTOR shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ) (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, debts (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, laws (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, foreign (v) admit in writing its inability to pay its debts as they become due, due (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Unc Inc)

Voluntary Bankruptcy Proceeding. Any Obligor The Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, ; (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, ; (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, ; (v) admit in writing its inability to pay its debts as they become due, ; (vi) make a general assignment for the benefit of creditors, ; or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Marshall Industries)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, ; (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, ; (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, ; (v) admit in writing its inability to pay its debts as they become due, ; (vi) make a general assignment for the benefit of creditors, ; or (vii) take any corporate or similar action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Planvista Corp)

Voluntary Bankruptcy Proceeding. Any Obligor Credit Party shall (i) commence a voluntary case under the federal bankruptcy bank- ruptcy laws (as now or hereafter in effect), (ii) commence file a proceeding petition seeking to take advantage of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganizationreorgani- zation, winding up or composition for adjustment of debts, (iii) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy laws or other laws, (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (vii) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

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