Common use of Voluntary Insolvency Proceeding Clause in Contracts

Voluntary Insolvency Proceeding. If Borrower or any Subsidiary shall (a) commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (b) consent to the entry of an order for relief in an involuntary case under any such law, (c) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian (or other similar official) of Borrower or any Subsidiary or for any substantial part of its Property, (d) shall make a general assignment for the benefit of creditors, (e) shall fail generally to pay its debts as they become due or (f) take any corporate action in furtherance of any of the foregoing.

Appears in 10 contracts

Samples: Venture Loan and Security Agreement (Ceribell, Inc.), Venture Loan and Security Agreement (Ceribell, Inc.), Venture Loan and Security Agreement (D-Wave Quantum Inc.)

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Voluntary Insolvency Proceeding. If any Co-Borrower or any Subsidiary shall (a) commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (b) consent to the entry of an order for relief in an involuntary case under any such law, (c) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian (or other similar official) of any Co-Borrower or any Subsidiary or for any substantial part of its Property, (d) shall make a general assignment for the benefit of creditors, (e) shall fail generally to pay its debts as they become due or (f) take any corporate action in furtherance of any of the foregoing.

Appears in 6 contracts

Samples: Venture Loan and Security Agreement (Cerecor Inc.), Venture Loan and Security Agreement (Castle Creek Biosciences, Inc.), Venture Loan and Security Agreement (Catasys, Inc.)

Voluntary Insolvency Proceeding. If Borrower or any Subsidiary shall (a) commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (b) consent to the entry of an order for relief in an involuntary case under any such law, (c) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian (or other similar official) of Borrower or any Subsidiary or for any substantial part of its Property, (d) shall make a general assignment for the benefit of creditors, (e) shall fail generally to pay its debts for borrowed money as they become due or (f) take any corporate action in furtherance of any of the foregoing.

Appears in 2 contracts

Samples: Unsecured Convertible Loan Agreement (Titan Pharmaceuticals Inc), Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)

Voluntary Insolvency Proceeding. If Borrower or any Subsidiary shall shall: (a) commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, ; (b) consent to the entry of an order for relief in an involuntary case under any such law, ; (c) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian (or other similar official) of Borrower or any Subsidiary or for any substantial part of its Property, property; (d) shall make a general assignment for the benefit of creditors, ; (e) shall fail generally to pay its debts as they become due due; or (f) take any corporate action in furtherance of any of the foregoing.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Ceribell, Inc.), Loan and Security Agreement (Ceribell, Inc.)

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Voluntary Insolvency Proceeding. If Borrower or any Subsidiary of the Borrowers shall (a) commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, (b) shall consent to the entry of an order for relief in an involuntary case under any such law, (c) or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian (or other similar official) of Borrower or any Subsidiary of the Borrowers or for any substantial part of its any of their Property, (d) or shall make a general assignment for the benefit of creditors, (e) or shall fail generally to pay its debts as they become due due, or (f) shall take any corporate action in furtherance of any of the foregoing.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)

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