Company Bankruptcy means the Company (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due; (iii) makes a general assignment, arrangement or composition with or for the benefit of its creditors; (iv)(A) institutes or has instituted against it, by a regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights, or a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and is not dismissed, discharged, stayed or restrained in each case within 15 days of the institution or presentation thereof; (v) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (vi) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian, examiner or other similar official for it or for all or substantially all its assets; (vii) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets; (viii) causes or is subject to any event with respect to it which, under the applicable laws of any jurisdiction, has an analogous effect to any of the events specified in clauses (i) to (vii) above (inclusive); or (ix) takes any action indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
Company Bankruptcy means the occurrence of a “Bankruptcy” as defined in the ISDA Credit Definitions (with references therein to the “Reference Entity” being deemed to be the Company).
Company Bankruptcy means any voluntary or involuntary bankruptcy, insolvency, reorganization, compromise, dissolution, liquidation, arrangement or readjustment of debt in respect of the Company.
Examples of Company Bankruptcy in a sentence
Subject to the approval of the bankruptcy court in which the Company Bankruptcy Case is filed (to the extent required), the Company has the requisite power and authority to execute and deliver this Agreement and to perform the transactions contemplated hereby.
More Definitions of Company Bankruptcy
Company Bankruptcy means any voluntary or involuntary proceeding under the United States Bankruptcy Code or other state, federal or foreign law relating to insolvency, moratorium, reorganization, appointment of receivership or similar proceedings affecting creditors' rights generally and relating to or having jurisdiction over the Collateral, or the Company's obligations under the Notes, Note Purchase Agreements and this Indenture. If any of the Guaranteed Obligations become due, the Guarantor promises to pay or, to the extent guaranteed herein, cause the performance of such Guaranteed Obligation at the time required for payment or performance thereof (the "Guarantor Performance Due Date"). ------------------------------ The Guarantor further agrees that it shall indemnify and hold harmless each Guaranteed Party for any and all reasonable costs and expenses (including reasonable attorney's fees and expenses) incurred after the Guarantor Performance Due Date by such Guaranteed Party in enforcing any rights under this Indenture. The Guarantor specifically agrees that it shall not be necessary or required that any Guaranteed Party exercise any right, assert any claim or demand or enforce any remedy whatsoever against the Company (or any other Person) before or as a condition to the obligations of the Guarantor hereunder. Notwithstanding any other provision of this Indenture to the contrary, the term Guaranteed Obligation as used herein shall not include any liability in excess of that imposed on the Company under the Notes, Note Purchase Agreements or this Indenture (as the same may be amended from time to time in accordance with their terms), provided, however, that if the -------- ------- imposition of liability on the Company under the Notes, Note Purchase Agreements or this Indenture, or the realization on such liability, is limited as a result of a Company Bankruptcy or any other action by the Company, the Guarantor shall be responsible for and discharge any such liability in full; further provided, however, that nothing contained in ------- -------- ------- this paragraph or elsewhere in this Indenture shall prevent the Guarantor from bringing an action for damages suffered by the Guarantor (or by the Company if Guarantor shall be subrogated or otherwise become entitled to exercise the rights of the Company under the Notes, Note Purchase Agreements or this Indenture) as a result of a breach by any Person of any obligation owed by such Person or representation made by such...