Common use of Involuntary Proceedings Clause in Contracts

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECC, Falcon or any Borrowing Enstar Partnership, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Company's, ECC's, Falcon's or any Borrowing Enstar Partnership's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon or any Borrowing Enstar Partnership admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon or any Borrowing Enstar Partnership acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 8 contracts

Samples: Credit Agreement (Enstar Income Growth Program Six B L P), Credit Agreement (Enstar Income Growth Program Five-a Lp), Credit Agreement (Enstar Income Growth Program Five-B Lp)

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Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECC, Falcon Company or any Borrowing Enstar PartnershipSubsidiary (other than an Immaterial Subsidiary), or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Company's, ECC's, Falcon's or any Borrowing Enstar PartnershipSubsidiary's (other than an Immaterial Subsidiary's) properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon Company or any Borrowing Enstar Partnership Subsidiary (other than an Immaterial Subsidiary) admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon Company or any Borrowing Enstar Partnership Subsidiary (other than an Immaterial Subsidiary) acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or (iv) any Subsidiary (other than an Immaterial Subsidiary) shall become subject to any conservation, rehabilitation or liquidation order, directive or mandate issued by any Governmental Authority; or

Appears in 4 contracts

Samples: Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECC, Falcon any Guarantor or any Borrowing Enstar PartnershipRestricted Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against all or a substantial part of the Company's’s, ECC's, Falcon's any Guarantor’s or any Borrowing Enstar Partnership's propertiesRestricted Subsidiary’s Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership Restricted Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership Restricted Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or;

Appears in 4 contracts

Samples: Second Lien Term Loan Agreement (Venoco, Inc.), Credit Agreement (Venoco, Inc.), Credit Agreement (Venoco, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against any Credit Party or Significant Subsidiary of the Company, ECC, Falcon or any Borrowing Enstar Partnership, or any writ, judgment, warrant of attachment, execution or similar process, in each case relating to an Insolvency Proceeding, is issued or levied against a substantial part of the Company's, ECC's, Falcon's any Credit Party’s or any Borrowing Enstar Partnership's propertiessuch Significant Subsidiary’s Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon any Credit Party or any Borrowing Enstar Partnership Significant Subsidiary of the Company admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon any Credit Party or any Borrowing Enstar Partnership Significant Subsidiary of the Company acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or

Appears in 4 contracts

Samples: Four Year Credit Agreement (SAIC, Inc.), Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECC, Falcon Borrower or any Borrowing Enstar PartnershipSubsidiary of the Borrower, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Company's, ECC's, FalconBorrower's or any Borrowing Enstar Partnership's propertiesof its Subsidiaries' Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 sixty (60) days after commencement, filing or levy; (ii) the Company, ECC, Falcon Borrower or any Borrowing Enstar Partnership of its Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon Borrower or any Borrowing Enstar Partnership of its Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or;

Appears in 4 contracts

Samples: Credit Agreement (Esquire Communications LTD), Credit Agreement (Esquire Communications LTD), Credit Agreement (Life Time Fitness Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECCany Guarantor, Falcon or any Borrowing Enstar Partnershipother Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against all or a substantial part of the Company's’s, ECC's, Falcon's any Guarantor’s or any Borrowing Enstar Partnership's propertiesother Subsidiary’s Property, and any such proceeding or petition shall not be dismisseddismissed or stayed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership admits other Subsidiary files an answer admitting the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership acquiesces in other Subsidiary consents to the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or, and, in the case of any of the foregoing occurring with respect to an Exempt Subsidiary (other than Maverick-Dimmit Pipeline, Ltd.), a Material Adverse Effect results therefrom;

Appears in 2 contracts

Samples: Term Loan Agreement (Exploration Co of Delaware Inc), Credit Agreement (Exploration Co of Delaware Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency ----------------------- Proceeding is commenced or filed against the Company, ECC, Falcon Borrower or any Borrowing Enstar PartnershipSubsidiary of the Borrower, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Company's, ECC's, Falcon's Borrower or any Borrowing Enstar PartnershipSubsidiary or any of any of the Borrower's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon Borrower or any Borrowing Enstar Partnership Subsidiary of the Borrower admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon Borrower or any Borrowing Enstar Partnership Subsidiary of the Borrower acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or

Appears in 1 contract

Samples: Credit Agreement (Atmos Energy Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECCany Guarantor, Falcon or any Borrowing Enstar Partnershipother Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against all or a substantial part of the Company's, ECC's, Falconany Guarantor's or any Borrowing Enstar Partnershipother Subsidiary's propertiesProperty, and any such proceeding or petition shall not be dismisseddismissed or stayed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership admits other Subsidiary files an answer admitting the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership acquiesces in other Subsidiary consents to the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or, and, in the case of any of the foregoing occurring with respect to an Exempt Subsidiary (other than Maverick-Dimmit Pipeline, Ltd.), a Material Adverse Effect results therefrom;

Appears in 1 contract

Samples: Term Loan Agreement (TXCO Resources Inc)

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Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECC, Falcon Company or any Borrowing Enstar PartnershipSubsidiary (other than an Immaterial Subsidiary), or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Company's, ECC's, Falcon's ’s or any Borrowing Enstar Partnership's Subsidiary’s (other than an Immaterial Subsidiary’s) properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon Company or any Borrowing Enstar Partnership Subsidiary (other than an Immaterial Subsidiary) admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon Company or any Borrowing Enstar Partnership Subsidiary (other than an Immaterial Subsidiary) acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or (iv) any Subsidiary (other than an Immaterial Subsidiary) shall become subject to any conservation, rehabilitation or liquidation order, directive or mandate issued by any Governmental Authority; or

Appears in 1 contract

Samples: Credit Agreement (CNO Financial Group, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against Holdings, the Company, ECC, Falcon Borrower or any Borrowing Enstar PartnershipSubsidiary of the Borrower, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of Holdings', the Company's, ECC's, FalconBorrower's or any Borrowing Enstar Partnership's propertiesof its Subsidiaries' Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 sixty (60) days after commencement, filing or levy; (ii) Holdings, the Company, ECC, Falcon Borrower or any Borrowing Enstar Partnership of its Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) Holdings, the Company, ECC, Falcon Borrower or any Borrowing Enstar Partnership of its Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or;

Appears in 1 contract

Samples: Credit Agreement (True Temper Sports Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against either of the Company, ECC, Falcon Borrowers or any Borrowing Enstar Partnershipof their Subsidiaries (other than IntelliTEK), or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the Company's, ECC's, Falcon's Borrowers' or any Borrowing Enstar Partnership's propertiesof their respective Subsidiaries' Properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 forty-five (45) days after commencement, filing or levy; (ii) either of the Company, ECC, Falcon Borrowers or any Borrowing Enstar Partnership of their respective Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) either of the Company, ECC, Falcon Borrowers or any Borrowing Enstar Partnership of their respective Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or

Appears in 1 contract

Samples: Loan Agreement (CSG Systems International Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Company, ECC, Falcon Company or any Borrowing Enstar Partnershipof its Significant Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process, in each case relating to an Insolvency Proceeding, is issued or levied against a substantial part of the Company's, ECC's, Falcon's or any Borrowing Enstar PartnershipSignificant Subsidiary's propertiesProperties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the Company, ECC, Falcon Company or any Borrowing Enstar Partnership of its Significant Subsidiaries admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the Company, ECC, Falcon Company or any Borrowing Enstar Partnership of its Significant Subsidiaries acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property Property or business; or

Appears in 1 contract

Samples: Credit Agreement (Science Applications International Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency ------------------------ Proceeding is commenced or filed against the CompanyBorrower, ECC, Falcon any Guarantor or any Borrowing Enstar Partnershipor their respective Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process, is issued or levied against a substantial part of the CompanyBorrower's, ECC's, Falconany Guarantor's or any Borrowing Enstar Partnershipsuch Subsidiary's properties, and any such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall not be released, vacated or fully bonded within 60 days after commencement, filing or levy; (ii) the CompanyBorrower, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership such Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-U.S. law) is ordered in any Insolvency Proceeding; or (iii) the CompanyBorrower, ECC, Falcon any Guarantor or any Borrowing Enstar Partnership such Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business; or.

Appears in 1 contract

Samples: Cais Internet Inc

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