Common use of Involuntary Proceedings Clause in Contracts

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s or any Subsidiary’s properties, and 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 Borrower or any 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 with respect to the Borrower or such Subsidiary; or (iii) the Borrower or any 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.

Appears in 16 contracts

Samples: Term Loan Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.)

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Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the any Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the any Borrower’s or any Material 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, bonded within 60 days after commencement, filing or levy; (ii) the any Borrower or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the any Borrower or any Material 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 10 contracts

Samples: Credit Agreement (Toro Co), Credit Agreement (Oshkosh Corp), Credit Agreement (Toro Co)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s or any Material 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, bonded within 60 sixty (60) days after commencement, filing or levy; (ii) the Borrower or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any Material 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 7 contracts

Samples: Senior Bridge Term Loan Agreement, Senior Bridge Term Loan Agreement (McKesson Corp), Senior Bridge Term Loan Agreement (McKesson Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Company or any Significant Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Company's or any Significant Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower Company or any Significant 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower Company or any Significant 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 6 contracts

Samples: Credit Agreement (Foundation Health Systems Inc), Credit Agreement (Precision Castparts Corp), Credit Agreement (Mgic Investment Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s or any 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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any 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 4 contracts

Samples: Credit Agreement (Regis Corp), Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Holdings or any Subsidiaryof its Subsidiaries, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Holdings' or any Subsidiary’s of 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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower Holdings or any Subsidiary 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower Holdings or any Subsidiary 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 or business.; or

Appears in 3 contracts

Samples: Credit Agreement (Globe Manufacturing Corp), Credit Agreement (Communications Instruments Inc), Credit Agreement (Globe Manufacturing Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s 's or any Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any 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 3 contracts

Samples: Credit Agreement (Us Home & Garden Inc), Credit Agreement (Chalone Wine Group LTD), Credit Agreement (Amazon Com Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency ----------------------- Proceeding is commenced or filed against the Borrower Company or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Company's or any Material Subsidiary’s '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, bonded within 60 sixty (60) days after commencement, filing or levy; (ii) the Borrower Company or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower Company or any Material 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 2 contracts

Samples: Credit Agreement (McKesson Hboc Inc), Credit Agreement (McKesson Hboc Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against Holdings, the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrowerany such Person’s or any Subsidiary’s propertiesProperty, 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, dismissed, vacated or fully bonded, bonded within 60 days after commencement, filing or levy; (ii) Holdings, the Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) Holdings, the Borrower or any 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.;

Appears in 2 contracts

Samples: Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.), Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s 's or any Material Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any Material 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 2 contracts

Samples: Credit Agreement (Storage Technology Corp), Credit Agreement (Storage Technology Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the any Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the any Borrower’s 's or any Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the any Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the any Borrower or any 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 2 contracts

Samples: Credit Agreement (Specialty Equipment Companies Inc), Credit Agreement (Specialty Equipment Companies Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Company or any Significant Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the BorrowerCompany’s or any 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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower Company or any Significant 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. US. law) is ordered in any Insolvency Proceeding with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower Company or any Significant Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee mortgage in possession (or agent therefor), or other similar Person for itself or a substantial portion of its property or business.; or

Appears in 2 contracts

Samples: Year Credit Agreement (Mgic Investment Corp), Bridge Credit Agreement (Mgic Investment Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s 's or any such Subsidiary’s 's properties, and 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 Borrower or any Material 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 with respect to the Borrower or such Subsidiary; or (iii) the Borrower or any Material 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.

Appears in 2 contracts

Samples: Credit Agreement (Pactiv Corp), Credit Agreement (Pactiv Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Company or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the BorrowerCompany’s or any Subsidiary’s properties, and 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 Borrower Company or any 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 with respect to the Borrower Company or such Subsidiary; or (iii) the Borrower Company or any 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.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Snyder's-Lance, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower General Partner, the MLP, Lessee or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s or any Subsidiary’s such Person'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, bonded within 60 days after commencement, filing or levy; , (ii) the Borrower General Partner, the MLP, Lessee or any 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 with respect to the Borrower or such Subsidiary; or (iii) the Borrower General Partner, the MLP, Lessee or any 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 2 contracts

Samples: Ferrellgas Partners Finance Corp, Ferrellgas Partners Finance Corp

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the a Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Borrower or any Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any 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. US law) is ordered in any Insolvency Proceeding with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any 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: Credit Agreement (Zemex Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Culligan or any Subsidiary, or any writ, judgment, warrant of attachment, warrant of execution or similar process is issued or levied against a substantial part of the Borrower’s Culligan's or any Subsidiary’s 's properties, and such proceeding or petition shall not be dismissed, or such writ, judgment, warrant of attachment, warrant of execution or similar process shall not be released, vacated or fully bonded, bonded within 60 days after commencement, filing or levy; (ii) the Borrower Culligan or any 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 with respect to the Borrower commenced or such filed against Culligan or any Subsidiary; or (iii) the Borrower Culligan or any 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.

Appears in 1 contract

Samples: Credit Agreement (Culligan Water Technologies Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding ----------------------- is commenced or filed against the Borrower Company or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Company's or any Material Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower Company or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower Company or any Material Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), assignee for the benefit of creditors or other similar Person for itself or a substantial portion of its property or business.; or

Appears in 1 contract

Samples: Pledge Agreement (Cb Commercial Real Estate Services Group Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the either Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Borrower or any 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, bonded within 60 days after commencement, filing or levy; (ii) the either Borrower or any 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. US law) is ordered in any Insolvency Proceeding with respect to the Borrower or such SubsidiaryProceeding; or (iii) the either Borrower or any 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: Credit Agreement (Zemex Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s 's or any Subsidiary’s '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, bonded within 60 45 days after commencement, filing or levy; (ii) the Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any 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: Credit Agreement (California Microwave Inc)

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Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Company or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s Company's or any such Subsidiary’s 's properties, and 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 Borrower Company or any Material Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-non- U.S. law) is ordered in any Insolvency Proceeding with respect to the Borrower Company or such Subsidiary; or (iii) the Borrower Company or any Material 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.

Appears in 1 contract

Samples: Term Loan Agreement (Pactiv Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency ----------------------- Proceeding is commenced or filed against the Borrower Company or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s Company's or any Material Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower Company or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower Company or any Material Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (or agent therefor), assignee for the benefit of creditors or other similar Person for itself or a substantial portion of its property or business.; or

Appears in 1 contract

Samples: Pledge Agreement (Cb Richard Ellis Services Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s 's or any Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under non-non- U.S. law) is ordered in any Insolvency Proceeding with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any 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: Master Credit Agreement (Matlack Systems Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s 's or any Material Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any Material 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any Material Subsidiary acquiesces in the appointment of a receiver, trustee, custodian, conservator, liquidator, mortgagee in possession (rehabilitator 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 (E&s Holdings Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against Holdings, the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrowerany such Person’s or any Subsidiary’s propertiesProperty, 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, dismissed, vacated or fully bonded, bonded within 60 days after commencement, filing or levy; (ii) Holdings, the Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) Holdings, the Borrower or any 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 1 contract

Samples: Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Purchaser or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s Purchaser's or any Subsidiary’s 's properties, and 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 Borrower Purchaser or any 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 with respect to the Borrower Purchaser or such Subsidiary; or (iii) the Borrower Purchaser or any 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.

Appears in 1 contract

Samples: Financing and Share Purchase Agreement (Lance Inc)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Material Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s or any such Subsidiary’s properties, and 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 Borrower or any Material 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 with respect to the Borrower or such Subsidiary; or (iii) the Borrower or any Material 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.

Appears in 1 contract

Samples: Credit Agreement (Pactiv Corp)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s or any Subsidiary’s properties, and 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 Borrower or any 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 with respect to the Borrower or such Subsidiary; or (iii) the 101250789 129624357_3 Borrower or any 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.

Appears in 1 contract

Samples: Credit Agreement (Republic Services, Inc.)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower Parent or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s Parent's or any Subsidiary’s 's properties, and 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 90 days after commencement, filing or levy; (ii) the Borrower Parent or any Subsidiary admits the material allegations of a petition against it in any Insolvency Proceeding, or an order for relief (or similar order under state or non-U.S. law) is ordered in any Insolvency Proceeding with respect to the Borrower Parent or such Subsidiary; or (iii) the Borrower Parent or any 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.

Appears in 1 contract

Samples: Credit Agreement (Hussmann International Inc)

Involuntary Proceedings. (i) Any involuntary ----------------------- Insolvency Proceeding is commenced or filed against the Borrower Company or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process is issued or levied against a substantial part of the Borrower’s Company's or any Subsidiary’s 's properties, and 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 Borrower Company or any 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 with respect to the Borrower Company or such Subsidiary; or (iii) the Borrower Company or any 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.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Involuntary Proceedings. (i) Any involuntary Insolvency Proceeding is commenced or filed against the Borrower or any SubsidiarySubsidiary of Borrower, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s properties of Borrower or any Subsidiary’s properties, Subsidiary of Borrower and any such proceeding or petition shall is not be dismissed, or such writ, judgment, warrant of attachment, execution or similar process shall is not be released, vacated or fully bonded, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any Subsidiary of 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any Subsidiary of 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 (Royal Hawaiian Orchards, L.P.)

Involuntary Proceedings. (i) Any involuntary Insolvency ----------------------- Proceeding is commenced or filed against the Borrower or any Subsidiary, or any writ, judgment, warrant of attachment, execution or similar process process, is issued or levied against a substantial part of the Borrower’s 's or any Subsidiary’s '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, bonded within 60 days after commencement, filing or levy; (ii) the Borrower or any 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 with respect to the Borrower or such SubsidiaryProceeding; or (iii) the Borrower or any 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: Credit Agreement (U S Rentals Inc)

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