Common use of Appointment of Receiver, etc Clause in Contracts

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for an involuntary case shall be filed against the Company or any of its Material Subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all of its property, shall have been entered; or an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such events in clause (ii) for 45 days unless dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)

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Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries), or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries) for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or any of its Material Subsidiaries shall be appointed involuntarily; (other than Immaterial Subsidiaries), and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or federal, state or applicable foreign lawLaw; a petition for (ii) an involuntary case shall be filed commenced against the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings, any Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Restricted Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or (iii) a moratorium under the laws of the United Kingdom is declared in respect of any Indebtedness of a Foreign Credit Party organized under the laws of England and Wales; or

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or federal, state or applicable foreign lawLaw; a petition for (ii) an involuntary case shall be filed commenced against the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings, any Borrower or any of its Material the Restricted Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings, any Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Restricted Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or (iii a moratorium under the laws of the United Kingdom is declared in respect of any Indebtedness of a Foreign Credit Party organized under the laws of England and Wales; or

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries the Guarantors in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted and remain unstayed under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed is commenced against the Company Borrower or any of its Material Subsidiaries the Guarantors under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Borrower, any of its Material Subsidiaries, the Guarantors or over all or substantially all a substantial part of its propertyany of their respective assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Company Borrower, any of the Guarantors for all or a substantial part of their respective assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the assets and properties of the Borrower or any of its Material Subsidiaries for all or substantially all of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Guarantors and the continuance of any such events in this clause (ii) for 45 thirty (30) days unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 4 contracts

Samples: Loan Agreement (Phone1globalwide Inc), Loan Agreement (Phone1globalwide Inc), Loan Agreement (Phone1globalwide Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Credit Party or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Credit Party or any of its Material Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Credit Party or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Credit Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Credit Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 3 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state law, which decree or applicable foreign laworder is not stayed; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Significant Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Significant Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Significant Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded bonded, discharged or dischargedstayed; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Xo Communications Inc), Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries (other than an Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries (other than an Immaterial Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material Subsidiaries other than its Immaterial Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries other than its Immaterial Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or any of its Material Subsidiaries shall be appointed involuntarily; other than its Immaterial Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit Agreement (Amscan Holdings Inc), Term Loan Credit Agreement (Amscan Holdings Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Borrower, any of its Material Subsidiaries or (for so long as the Guaranties of the Holdco Guarantors remain in effect) any Holdco Guarantor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or Borrower, any of its Material Subsidiaries or (for so long as the Guaranties of the Holdco Guarantors remain in effect) any Holdco Guarantor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Borrower, any of its Material SubsidiariesSubsidiaries or (for so long as the Guaranties of the Holdco Guarantors remain in effect) any Holdco Guarantor, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Borrower, any of its Material Subsidiaries or (for so long as the Guaranties of the Holdco Guarantors remain in effect) any Holdco Guarantor for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Borrower, any of its Material Subsidiaries shall be appointed involuntarily; or such Holdco Guarantor, as the case may be, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (3com Corp), Credit and Guaranty Agreement (3com Corp)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries (other than Excluded Foreign Subsidiaries) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or federal, state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries (other than an Excluded Foreign Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material SubsidiariesSubsidiaries (other than an Excluded Foreign Subsidiary), or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries (other than an Excluded Foreign Subsidiary) for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or any of its Material Subsidiaries shall be appointed involuntarily; (other than an Excluded Foreign Subsidiary), and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (Berry Plastics Corp)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries the Guarantors in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted and remain unstayed under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed is commenced against the Company Borrower or any of its Material Subsidiaries the Guarantors under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material SubsidiariesBorrower, the Guarantors or over all or substantially all a substantial part of its propertyany of their assets and properties, shall have been entered; or an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries Borrower, the Guarantors for all or substantially all a substantial part of their assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property assets and properties of the Company Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Guarantors and the continuance of any such events in this clause (ii) for 45 thirty (30) days unless dismissed, bonded bonded, stayed, vacated or discharged; or

Appears in 2 contracts

Samples: Loan Agreement (Win Gate Equity Group Inc), Loan Agreement (Morgan Gary D)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state law or applicable foreign non-U.S. law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect whether a law of the United States or another country; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in clause this CLAUSE (ii) shall continue for 45 60 days unless without having been dismissed, bonded or discharged; or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the MBW LLC, Holdings or Company or any of its Material Subsidiaries (other than Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the MBW LLC, Holdings or Company or any of its Material Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the MBW LLC, Holdings or Company or any of its Material Subsidiaries (other than Immaterial Subsidiaries), or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the MBW LLC, Holdings or Company or any of its Material Subsidiaries (other than Immaterial Subsidiaries) for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the MBW LLC, Holdings or Company or any of its Material Subsidiaries shall be appointed involuntarily; (other than Immaterial Subsidiaries), and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Aurora Foods Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower, Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable U.S. federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or U.S. federal, state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Borrower, Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable U.S. federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Company Borrower, Holdings or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of the Company Borrower, Holdings or any of its Material Significant Subsidiaries for all or substantially all of its property; or a warrant of attachment, execution or similar process shall have been issued against all or substantially all of the property of the Company Borrower, Holdings or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 1 contract

Samples: Credit Agreement (Altisource Portfolio Solutions S.A.)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent, Wilshire, TWG, any Holding Company or any Subsidiary of its Material Subsidiaries any Holding Company in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Parent, Wilshire, TWG, any Holding Company or any Subsidiary of its Material Subsidiaries any Holding Company under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Parent, Wilshire, TWG, any Holding Company or any Subsidiary of its Material Subsidiariesany Holding Company, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Parent, Wilshire, TWG, any Holding Company or any Subsidiary of any Holding Company for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Holding Company or any of its Material Subsidiaries for all or substantially all of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent, the Company or any of its Material Company's Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state law, or applicable foreign law; a petition for (ii) an involuntary case shall be filed commenced against the Parent, the Company or any of its Material Company's Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect, or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Parent, the Company or any of its Material Company's Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Parent, the Company or any of its Material the Company's Subsidiaries for all or substantially all a substantial part of its property or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Parent, the Company or any of its Material Subsidiaries shall be appointed involuntarily; Company's Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or;

Appears in 1 contract

Samples: Share Purchase Agreement (Xinhua Finance Media LTD)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Credit Party or any of its Material their respective Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Credit Party or any of its Material their respective Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Credit Party or any of its Material their respective Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Credit Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Credit Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state law, or applicable foreign law; a petition for (ii) an involuntary case shall be filed commenced against the Company Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect, or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company such Borrower or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company such Borrower or any of its Material Subsidiaries for all or substantially all a substantial part of its property or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Borrower or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless without having been dismissed, bonded or discharged; or;

Appears in 1 contract

Samples: Security Agreement (Scan Optics Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Autocam Corp/Mi)

Appointment of Receiver, etc. (i) A court having of competent(f) jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrower, Holdings or any of its Material Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable U.S. federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or U.S. federal, state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Borrower, Holdings or any of its Material Significant Subsidiaries under the Bankruptcy Code or under any other applicable U.S. federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Company Borrower, Holdings or any of its Material Significant Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, conservator or other custodian of the Company Borrower, Holdings or any of its Material Significant Subsidiaries for all or substantially all of its property; or a warrant of attachment, execution or similar process shall have been issued against all or substantially all of the property of the Company Borrower, Holdings or any of its Material Subsidiaries shall be appointed involuntarily; Significant Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror Voluntary Bankruptcy;

Appears in 1 contract

Samples: Credit Agreement (Altisource Portfolio Solutions S.A.)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

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Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material 104 Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of Company any Approved Captive Insurance Subsidiary (if any) or any Guarantor Subsidiaries (other than a Non-Material Guarantor Subsidiary) (the Company or and any of its Material Subsidiaries such Approved Captive Insurance Subsidiary and any such Guarantor Subsidiary, each a "RELEVANT ENTITY") in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against any Relevant Entity under the Company Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material SubsidiariesRelevant Entity, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries Relevant Entity for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Relevant Entity, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mariner Health Care Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Approved Captive Insurance Subsidiary (if any) or any of its Guarantor Subsidiaries (other than a Non-Material Subsidiaries Guarantor Subsidiary) (Company and any such Approved Captive Insurance Subsidiary and any such Guarantor Subsidiary, each a "RELEVANT ENTITY") in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against any Relevant Entity under the Company Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having CREDIT AND GUARANTY AGREEMENT 434546.21-New York Server 3A - MSW jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material SubsidiariesRelevant Entity, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries Relevant Entity for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Relevant Entity, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mariner Health Care Inc)

Appointment of Receiver, etc. (i) A court having of competent(f) jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Credit Party or any of its Material their respective Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Credit Party or any of its Material their respective Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Credit Party or any of its Material their respective Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Credit Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Credit Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; oror Voluntary Bankruptcy;

Appears in 1 contract

Samples: Credit Agreement (Ebix Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings, anythe Borrower or any of its Material the Restricted Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or federal, state or applicable foreign lawLaw; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings, anythe Borrower or any of its Material the Restricted Subsidiaries under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings, anythe Borrower or any of its Material the Restricted Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings, anythe Borrower or any of its Material the Restricted Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings, anythe Borrower or any of its Material Subsidiaries shall be appointed involuntarily; the Restricted Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty days unless without having been dismissed, bonded or discharged; or (iii) a moratorium under the laws of the United Kingdom is declared in respect of any Indebtedness of a Foreign Credit Party organized under the laws of England and Wales; or

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Loan Party or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, stayed within 60 days following the entry thereof; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Loan Party or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Loan Party or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Loan Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Loan Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Vista Information Solutions Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver-manager, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 thirty days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Revolving Loan and Guaranty Agreement (Fedders Corp /De)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries)(an "IMMATERIAL SUBSIDIARY", for purposes of this Section 8.1(f) and Section 8.1(g), shall mean one or more Subsidiaries of Company that, on a consolidated basis did not (i) for the most recently concluded Fiscal Year account for more than 5.0% of consolidated revenues of Holdings and its Subsidiaries and (ii) as of the last day of such Fiscal Year own more than 5.0% of the consolidated assets of Holdings and its Subsidiaries) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries), or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries (other than Immaterial Subsidiaries) for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or 103 any of its Material Subsidiaries shall be appointed involuntarily; (other than Immaterial Subsidiaries), and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carters Imagination Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Holdings or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company Holdings or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Holdings or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Holdings or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Holdings or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Focal Communications Corp)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Borrower or any Subsidiary of its Material Subsidiaries any Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state law, or applicable foreign law; a petition for (ii) an involuntary case shall be filed commenced against the Company any Borrower or any Subsidiary of its Material Subsidiaries any Borrower under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect, or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any such Borrower or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company such Borrower or any of its Material Subsidiaries for all or substantially all a substantial part of its property or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company such Borrower or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless without having been dismissed, bonded or discharged; or;

Appears in 1 contract

Samples: Credit Agreement (Mediabay Inc)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company Borrowers or any of its Material their Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, or (ii) any other similar relief shall be granted under any applicable federal or state law, or applicable foreign law; a petition for (ii) an involuntary case shall be filed commenced against the Company Borrowers or any of its Material their Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect, or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company Borrowers or any of its Material their Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company Borrowers or any of its Material their Subsidiaries for all or substantially all a substantial part of its property or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company Borrowers or any of its Material Subsidiaries shall be appointed involuntarily; their Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless without having been dismissed, bonded or discharged; or;

Appears in 1 contract

Samples: Credit Agreement (Tridex Corp)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Credit Agreement (Autotote Corp)

Appointment of Receiver, etc. (i) A court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company any Loan Party or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company any Loan Party or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company any Loan Party or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company any Loan Party or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company any Loan Party or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 60 days unless dismissed, bonded or discharged; or

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Capstar Hotel Co)

Appointment of Receiver, etc. (i) A court having of competent jurisdiction in the premises shall enter a decree or order for relief in respect of the Company an Obligor or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed, ; or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; a petition for or (ii) an involuntary case shall be filed commenced against the Company an Obligor or any of its Material Subsidiaries under any applicable bankruptcy, insolvency the Bankruptcy Code or other similar law Debtor Relief Laws now or hereafter in effect effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company an Obligor or any of its Material Subsidiaries, or over all or substantially all a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company an Obligor or any of its Material Subsidiaries for all or substantially all a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company an Obligor or any of its Material Subsidiaries shall be appointed involuntarily; Subsidiaries, and the continuance of any such events event described in this clause (ii) shall continue for 45 sixty (60) days unless without having been dismissed, bonded or discharged; oror (g)

Appears in 1 contract

Samples: Joinder Agreement (Physicians Realty Trust)

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