Common use of Voluntary Bankruptcy Proceeding Clause in Contracts

Voluntary Bankruptcy Proceeding. The Company or any Material Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 and insolvency 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, administrator, administrative 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 8 contracts

Samples: Five Year Revolving Credit Agreement (BlackRock Inc.), Five Year Revolving Credit Agreement (BlackRock Inc.), Five Year Revolving Credit Agreement (BlackRock Inc.)

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Voluntary Bankruptcy Proceeding. The Company or any Material Subsidiary thereof shall Borrower shall: (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) file a petition seeking to take advantage of, or initiate proceeding under, of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, ; (iii) consent to, fail to obtain dismissal within sixty (60) days, or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy and insolvency laws or other laws, ; (iv) apply for or consent to, or fail to contest in a timely and appropriate manner, the appointment of, of or the taking of possession by, a receiver, administrator, administrative 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 action for the purpose of authorizing any of the foregoing.

Appears in 3 contracts

Samples: Master Guidance Line of Credit Agreement, Master Guidance Line of Credit Agreement (Benefitfocus,Inc.), Master Guidance Line of Credit Agreement (Benefitfocus,Inc.)

Voluntary Bankruptcy Proceeding. The Company Borrower or any Material Restricted Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 and insolvency 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, administrator, administrative receiver, custodian, trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (v) be generally unable to, or admit in writing its inability to 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: Credit Agreement (DRS Technologies Inc), Credit Agreement (DRS Technologies Inc)

Voluntary Bankruptcy Proceeding. The Company AHL or any Material Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 within sixty (60) days of the filing thereof any petition filed against it in an involuntary case under such bankruptcy and insolvency 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, administrator, administrative receiver, custodian, trustee, manager, liquidator or liquidator similar officer, 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: Credit Agreement (Ahl Services Inc), Credit Agreement (Ahl Services Inc)

Voluntary Bankruptcy Proceeding. The Company Inergy, L.P., the Borrower or any Material Subsidiary thereof of the Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 and insolvency 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, administrator, administrative 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 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Voluntary Bankruptcy Proceeding. The Company Any Borrower or any Material Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) file a petition or proposal or commence any other proceeding seeking to take advantage of, or initiate proceeding under, 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 within sixty (60) days of the filing thereof any petition filed or proceeding commenced against it in an involuntary case under such bankruptcy and insolvency 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, administrator, administrative 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 2 contracts

Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)

Voluntary Bankruptcy Proceeding. The Company or any Material Subsidiary thereof shall Borrower shall: (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) file a petition seeking to take advantage of, or initiate commence any proceeding or other action under, any other lawsApplicable Laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up winding-up, or composition for or adjustment of debts, ; (iii) consent to to, or fail to contest in a timely and appropriate manner manner, any petition filed against it in an involuntary case under such bankruptcy and insolvency laws or other laws, Applicable Laws or consent to any proceeding or action described in the immediately following subsection; (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, administrator, administrative 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 or similar action for the purpose of authorizing effecting any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Headhunter Net Inc)

Voluntary Bankruptcy Proceeding. The Company Any Borrower or any Material Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition petition, proposal or notice of intent to file a proposal seeking to take advantage of, or initiate proceeding under, 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 or other proceeding filed against it in an involuntary case under such bankruptcy and insolvency 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, administrator, administrative receiver, custodian, trustee, administrator, 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 (Breed Technologies Inc)

Voluntary Bankruptcy Proceeding. The Voluntary Bankruptcy Proceeding shall mean any ------------------------------- time at which any of the Company, Holdings, or any Subsidiary of the Company or any Material Subsidiary thereof Holdings shall (ia) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iib) file a petition seeking to take advantage of, or initiate proceeding under, of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iiic) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy and insolvency laws or other laws, (ivd) 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, administrator, administrative receiver, custodian, trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (ve) admit in writing its inability to pay its debts as they become due, (vi) make a general assignment for the benefit of creditors, or (viif) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Securities Purchase Agreement (Inergy L P)

Voluntary Bankruptcy Proceeding. The Company Borrower or any Material Subsidiary thereof (other ------------------------------- than Crown) shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 and insolvency 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, administrator, administrative 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: Credit Agreement (Richfood Holdings Inc)

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Voluntary Bankruptcy Proceeding. The Company Inergy, L.P., the Borrower or any Material ------------------------------- Subsidiary thereof of the Borrower shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 and insolvency 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, administrator, administrative 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: Credit Agreement (Inergy L P)

Voluntary Bankruptcy Proceeding. The Company Borrower or any Material Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 and insolvency laws or other lawslaws or the conversion of an involuntary case to a voluntary case under any such law, (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, administrator, administrative 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: Credit Agreement (Hickory Tech Corp)

Voluntary Bankruptcy Proceeding. The Company Any Credit Party or any Material Subsidiary thereof shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (ii) file a petition seeking to take advantage of, or initiate proceeding under, of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debtsindebtedness, (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 and insolvency 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, administrator, administrative receiver, preliminary insolvency administrator, custodian, trustee, liquidator or liquidator manager of itself or of a substantial part of its property, domestic or foreign, (v) admit in writing its inability to pay its debts indebtedness 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 (PRA International)

Voluntary Bankruptcy Proceeding. The Company If any Loan Party or any Material Restricted Subsidiary (other than Excluded Subsidiaries) thereof shall (ia) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iib) file a petition seeking to take advantage of, or initiate proceeding under, of any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, (iiic) consent to or fail to contest in a timely and appropriate manner any petition filed against it in an involuntary case under such bankruptcy and insolvency laws or other laws, (ivd) 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, administrator, administrative receiverreceiver manager, custodian, trustee, or liquidator of itself or of a substantial part of its property, domestic or foreign, (ve) admit in writing its inability to pay its debts as they become due, (vif) make a general assignment for the benefit of creditors, or (viig) take any corporate action for the purpose of authorizing any of the foregoing.

Appears in 1 contract

Samples: Credit Agreement (Exide Technologies)

Voluntary Bankruptcy Proceeding. The Company Maxim or any Material Subsidiary thereof ------------------------------- shall (i) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (ii) file a petition seeking to take advantage of, or initiate proceeding under, 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 within sixty (60) days of the filing thereof any petition filed against it in an involuntary case under such bankruptcy and insolvency 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, administrator, administrative 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: Credit Agreement (Maxim Group Inc /)

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