Insolvency definition
Examples of Insolvency in a sentence
Upon the occurrence of: (a) the acceleration of the First Lien Obligations; or (b) the commencement of any Insolvency Proceedings, then, the Second Lien Creditors shall have 45 days after receiving written notice of any such occurrence to unconditionally and irrevocably purchase in full in cash all (but not less than all) of the First Lien Obligations at par (including, without limitation, any accrued and unpaid interest and fees thereon).
The Termination Amount shall equal the Acceleration Value (calculated, for purposes of this Section 7.3, as if the Termination Date were the Acceleration Date, calculated on the basis of, in addition to the factors indicated in Section 8.1, a value ascribed to the Common Stock equal to the consideration, if any, paid or to be paid in respect of the Common Stock at the time of the Nationalization or Insolvency).
In the event of an Insolvency Proceeding, whether voluntary or involuntary, no Second Lien Creditor shall propose, agree to provide or support any debtor in possession financing (a “DIP Financing”) which is secured by a charge or other Security Interest that ranks in priority to or pari passu with the Security Interests in respect of the First Lien Obligations.
Such Mortgaged Property (subject to Permitted Encumbrances and Title Exceptions) as of 7a Review the MS Servicer Notices for a notation or other indication of any claim or assertion regarding any endorsement or assignment of Mortgage or Assignment of Leases not constituting a legal, valid and binding endorsement or assignment from the Mortgage Loan Seller, or its affiliate, as applicable, subject to the Insolvency Qualifications.
Without limiting the foregoing, if, in any Insolvency Proceedings, the Second Lien Creditors (or any agent or trustee on their behalf) fails to file on a timely basis a proof of claim in the proper form on account of the Second Lien Obligations, the Agent will be irrevocably authorized by the Second Lien Intercreditor Agreement (but not required) to file such a proof of claim on behalf of the Second Lien Creditors.