Common use of Voluntary Bankruptcy Clause in Contracts

Voluntary Bankruptcy. Borrower, any Subsidiary or any Guarantor shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federal, or foreign, now or hereafter existing; Borrower, any Subsidiary or any Guarantor shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary or any Guarantor shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary or any Guarantor for all or a substantial part of its property; Borrower, any Subsidiary or any Guarantor shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary or any Guarantor shall be or become Insolvent; or Borrower, any Subsidiary or any Guarantor shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 4 contracts

Samples: Loan and Security Agreement (Natural Alternatives International Inc), Loan and Security Agreement (National Rv Holdings Inc), Loan and Security Agreement (Haemacure Corp)

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Voluntary Bankruptcy. Borrower, any Subsidiary or any Guarantor shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Codecode, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federal, or foreign, now or hereafter existing; Borrower, any Subsidiary or any Guarantor shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary or any Guarantor shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary or any Guarantor for all or a substantial part of its property; Borrower, any Subsidiary or any Guarantor shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary or any Guarantor shall be unable or shall fail to pay its debts generally as such debts become Insolvent; due, or Borrower, any Subsidiary or any Guarantor shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 3 contracts

Samples: Loan and Security Agreement (Headhunter Net Inc), Loan and Security Agreement (Headhunter Net Inc), Loan and Security Agreement (Headhunter Net Inc)

Voluntary Bankruptcy. Borrower, any Subsidiary or any Guarantor shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federal, or foreign, now or hereafter existing; Borrower, any Subsidiary or any Guarantor shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary or any Guarantor shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary or any Guarantor for all or a substantial part of its property; Borrower, any Subsidiary or any Guarantor shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary or any Guarantor shall be unable or shall fail to pay its debts generally as such debts become Insolvent; due, or Borrower, any Subsidiary or any Guarantor shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 2 contracts

Samples: Loan Agreement (Imnet Systems Inc), Loan and Security Agreement (Simione Central Holdings Inc)

Voluntary Bankruptcy. Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federalfederal, or foreign, now or hereafter existing; Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary Borrower (or any Guarantor guarantor) for all or a substantial part of its propertyProperty; Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall be unable or shall fail to pay its debts generally as such debts become Insolventdue; or Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.. 10.8

Appears in 1 contract

Samples: Loan and Security Agreement (DSG International LTD)

Voluntary Bankruptcy. Borrower, any Subsidiary Borrower or any a Guarantor shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federalfederal, or foreign, now or hereafter existing; Borrower, any Subsidiary or any Borrower or a Guarantor shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary or any Borrower or a Guarantor shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary or any Guarantor for all or a substantial part of its property; Borrower, any Subsidiary or any Borrower or a Guarantor shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary Borrower or any a Guarantor shall be unable or shall fail to pay its debts generally as such debts become Insolventdue; or Borrower, any Subsidiary Borrower or any a Guarantor shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Gymboree Corp)

Voluntary Bankruptcy. Borrower, any Subsidiary Borrower (or any Guarantor or Parent) shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federalfederal, or foreign, now or hereafter existing; Borrower, any Subsidiary Borrower (or any Guarantor or Parent) shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary Borrower (or any Guarantor or Parent) shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary Borrower (or any Guarantor or Parent) for all or a substantial part of its property; Borrower, any Subsidiary Borrower (or any Guarantor or Parent) shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary Borrower (or any Guarantor or Parent) shall be unable or shall fail to pay its debts generally as such debts become Insolventdue; or Borrower, any Subsidiary Borrower (or any Guarantor or Parent) shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 1 contract

Samples: Loan Agreement (DSG International LTD)

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Voluntary Bankruptcy. Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federalfederal, or foreign, now or hereafter existing; Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrower, any Subsidiary Borrower (or any Guarantor guarantor) for all or a substantial part of its propertyProperty; Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall make an assignment for the benefit of creditors; or Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall be unable or shall fall to pay its debts generally as such debts become Insolventdue; or Borrower, any Subsidiary Borrower (or any Guarantor guarantor) shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 1 contract

Samples: Loan and Security Agreement (DSG International LTD)

Voluntary Bankruptcy. BorrowerThe Company, any Subsidiary or any Guarantor shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federal, or foreign, now or hereafter existing; Borrowerthe Company, any Subsidiary or any Guarantor shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; Borrowerthe Company, any Subsidiary or any Guarantor shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of Borrowerthe Company, any Subsidiary or any Guarantor for all or a substantial part of its property; Borrowerthe Company, any Subsidiary or any Guarantor shall make an assignment for the benefit of creditors; or Borrowerthe Company, any Subsidiary or any Guarantor shall be unable or shall fail to pay its debts generally as such debts become Insolvent; due, or Borrowerthe Company, any Subsidiary or any Guarantor shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 1 contract

Samples: Loan and Security Agreement (Moredirect Com Inc)

Voluntary Bankruptcy. Any Borrower, any Subsidiary the General Partner or any Guarantor shall file a voluntary petition in bankruptcy or a voluntary petition or answer seeking liquidation, reorganization, arrangement, readjustment of its debts, or for any other relief under the Bankruptcy Code, or under any other act or law pertaining to insolvency or debtor relief, whether state, Federalfederal, or foreign, now or hereafter existing; any Borrower, any Subsidiary the General Partner or any Guarantor shall enter into any agreement indicating its consent to, approval of, or acquiescence in, any such petition or proceeding; any Borrower,, any Subsidiary the General Partner or any Guarantor shall apply for or permit the appointment by consent or acquiescence of a receiver, custodian or trustee of any Borrower, any Subsidiary the General Partner or any Guarantor for all or a substantial part of its propertyProperty; any Borrower, any Subsidiary the General Partner or any Guarantor shall make an assignment for the benefit of creditors; or any Borrower, any Subsidiary the General Partner or any Guarantor shall be unable or shall fail to pay its debts generally as such debts become Insolventdue; or any Borrower, any Subsidiary the General Partner or any Guarantor shall admit, in writing, its inability or failure to pay its debts generally as such debts become due.

Appears in 1 contract

Samples: Loan and Security Agreement (Innotrac Corp)

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