Common use of Waiver of the Automatic Stay Clause in Contracts

Waiver of the Automatic Stay. 6.1.1 The Credit Parties hereby agree that, in consideration for this Amendment in the event that any Borrower or Subsidiary Guarantor shall (i) file with any bankruptcy court of competent jurisdiction or be the subject of any petition under Title 11 of the U.S. Code, as amended ("Bankruptcy Code"), (ii) be the subject of any order for relief issued under the Bankruptcy Code, (iii) file or be the subject of any petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency, or other relief for debtors, (iv) have sought or consented to or acquiesced in the appointment of any trustee, receiver, conservator, or liquidator, or (v) be the subject of an order, judgment or decree entered by any court of competent jurisdiction approving a petition filed against Credit Parties for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency or relief for debtors (any of the foregoing clauses (i) - (v) being a "Filing"), then, subject to court approval, Agents and Lenders shall thereupon be entitled and the Credit Parties hereby irrevocably consent to and agree to stipulate to relief from any automatic stay imposed by Section 362 of the Bankruptcy Code, or otherwise, on or against the exercise of the rights and remedies otherwise available to Lenders as provided in the Loan Documents, and as otherwise provided by law, and Credit Parties hereby irrevocably waive any rights to object to such relief. This covenant is a material inducement for Lenders to accept this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

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Waiver of the Automatic Stay. 6.1.1 The Credit Parties hereby agree that, in consideration for this Amendment the Term Loan C in the event that any Borrower or Subsidiary Guarantor shall (i) file with any bankruptcy court of competent jurisdiction or be the subject of any petition under Title 11 of the U.S. Code, as amended ("Bankruptcy Code"), (ii) be the subject of any order for relief issued under the Bankruptcy Code, (iii) file or be the subject of any petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency, or other relief for debtors, (iv) have sought or consented to or acquiesced in the appointment of any trustee, receiver, conservator, or liquidator, or (v) be the subject of an order, judgment or decree entered by any court of competent jurisdiction approving a petition filed against Credit Parties for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency or relief for debtors (any of the foregoing clauses (i) - (v) being a "Filing"), then, subject to court approval, Agents and Lenders shall thereupon be entitled and the Credit Parties hereby irrevocably consent to and agree to stipulate to relief from any automatic stay imposed by Section 362 of the Bankruptcy Code, or otherwise, on or against the exercise of the rights and remedies otherwise available to Lenders as provided in the Loan Documents, and as otherwise provided by law, and Credit Parties hereby irrevocably waive any rights to object to such relief. This covenant is a material inducement for Lenders to accept this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

Waiver of the Automatic Stay. 6.1.1 The Credit Parties hereby agree that, in consideration for the continued forbearance and other provisions of this Amendment Amendment, in the event that any Borrower or Subsidiary Guarantor shall (i) file with any bankruptcy court of competent jurisdiction or be the subject of any petition under Title 11 of the U.S. Code, as amended ("Bankruptcy Code"), (ii) be the subject of any order for --------------- relief issued under the Bankruptcy Code, (iii) file or be the subject of any petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency, or other relief for debtors, (iv) have sought or consented to or acquiesced in the appointment of any trustee, receiver, conservator, or liquidator, or (v) be the subject of an order, judgment or decree entered by any court of competent jurisdiction approving a petition filed against Credit Parties for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency or relief for debtors (any of the foregoing clauses (i) - (v-(v) being a "Filing"), then, ------ subject to court approval, Agents and Lenders Lender shall thereupon be entitled and the Credit Parties hereby irrevocably consent to and agree to stipulate to relief from any automatic stay imposed by Section 362 of the Bankruptcy Code, or otherwise, on or against the exercise of the rights and remedies otherwise available to Lenders Lender as provided in the Loan Documents, and as otherwise provided by law, and Credit Parties hereby irrevocably waive any rights to object to such relief. This covenant is a material inducement for Lenders Lender to accept this Amendment. 6.1.2 Lender, Agents and Credit Parties shall cooperate in defending the validity of the transactions contemplated by the Credit Agreement, this Amendment or any of the other Loan Documents in any court, administrative or judicial proceeding.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

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Waiver of the Automatic Stay. 6.1.1 6.5.1 The Credit Parties hereby agree that, in consideration for this Amendment the Overline Advances in the event that any Borrower or Subsidiary Guarantor shall (i) file with any bankruptcy court of competent jurisdiction or be the subject of any petition under Title 11 of the U.S. Code, as amended ("Bankruptcy Code"), (ii) be the subject of any order for relief issued under the Bankruptcy Code, (iii) file or be the subject of any petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency, or other relief for debtors, (iv) have sought or consented to or acquiesced in the appointment of any trustee, receiver, conservator, or liquidator, or (v) be the subject of an order, judgment or decree entered by any court of competent jurisdiction approving a petition filed against Credit Parties for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal or state act or law relating to bankruptcy, insolvency or relief for debtors (any of the foregoing clauses (i) - (v) being a "Filing"), then, subject to court approval, Agents and Lenders shall thereupon be entitled and the Credit Parties hereby irrevocably consent to and agree to stipulate to relief from any automatic stay imposed by Section 362 of the Bankruptcy Code, or otherwise, on or against the exercise of the rights and remedies otherwise available to Lenders as provided in the Loan Documents, and as otherwise provided by law, and Credit Parties hereby irrevocably waive any rights to object to such relief. This covenant is a material inducement for Lenders to accept this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

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