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Common use of Voluntary Proceedings Clause in Contracts

Voluntary Proceedings. A Party shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (ii) make a general assignment for the benefit of its creditors; (iii) commence a voluntary case under the Bankruptcy Code; (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; (v) fail to convert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (vi) take any corporate action for the purpose of effecting any of the foregoing; or

Appears in 21 contracts

Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement

Voluntary Proceedings. A Party shall (ia) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (iib) make a general assignment for the benefit of its creditors; (iiic) commence a voluntary case under the Bankruptcy Code; (ivd) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; (ve) fail to convert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (vif) take any corporate action for the purpose of effecting any of the foregoing; or

Appears in 14 contracts

Samples: Res Standard Form Agreement, RPS Standard Form Contract, Renewable Energy Standard Agreement

Voluntary Proceedings. A Party shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (ii) make a general assignment for the benefit of its creditors; (iii) commence a voluntary case under the Bankruptcy Code; (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-winding- up, or composition or readjustment of debts; (v) fail to convert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (vi) take any corporate action for the purpose of effecting any of the foregoing; or

Appears in 1 contract

Samples: Tier 4 Renewable Energy Certificate Purchase and Sale Agreement

Voluntary Proceedings. A Party shall (ia) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (iib) make a general assignment for the benefit of its creditors; (iiic) commence a voluntary case under the Bankruptcy Code; (ivd) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; (vc) fail to convert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (vif) take any corporate action for the purpose of effecting any of the foregoing; or

Appears in 1 contract

Samples: RPS Standard Form Contract (Noble Environmental Power LLC)

Voluntary Proceedings. A Party shall (ia) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (iib) make a general assignment for the benefit of its creditors; (iiic) commence a voluntary case under the Bankruptcy Code; (ivd) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; (ve) fail to convert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; : or (vif) take any corporate action for the purpose of effecting any of the foregoing; : or

Appears in 1 contract

Samples: RPS Standard Form Contract (Noble Environmental Power LLC)