Common use of Appointment of Receiver, etc Clause in Contracts

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) in an involuntary case under any Insolvency Law, which decree or order is not stayed; or any other similar relief shall be granted under any Applicable Law; or (ii) an involuntary case or proceeding (including the filing of any notice of intention in respect thereof) shall be commenced against Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) under any Insolvency 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, receiver-manager, administrative receiver, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, custodian or similar officer of Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) 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 Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries), and any such event described in this clause (ii) shall continue for sixty days without having been dismissed, bonded or discharged; or (g)

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Borrower Holdings or any of its Subsidiaries (other than any an Immaterial Subsidiaries) Subsidiary in an involuntary case under the Bankruptcy Code or under any Insolvency Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any Applicable Lawapplicable federal or state law; or (ii) an involuntary case or proceeding (including the filing of any notice of intention in respect thereof) shall be commenced against Borrower Holdings or any of its Subsidiaries (other than any its Immaterial Subsidiaries) Subsidiaries under the Bankruptcy Code or under any Insolvency Law other applicable bankruptcy, insolvency or 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, receiver-manager, administrative receiver, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Borrower Holdings or any of its Subsidiaries (other than any its Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, trustee or other custodian or similar officer of Borrower Holdings or any of its Subsidiaries (other than any its Immaterial Subsidiaries) Subsidiaries 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 Borrower Holdings or any of its Subsidiaries (other than any its Immaterial Subsidiaries), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (g)or

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Borrower The Borrower,(g) Holdings or any of its Significant Subsidiaries (other than any Immaterial Subsidiaries) in shall have an involuntary order for relief entered with respect to it or shall commence a voluntary case under any Insolvency Law, which decree the Bankruptcy Code or order is not stayed; or under any other applicable U.S. federal, state or foreign bankruptcy, insolvency or similar relief shall be granted under any Applicable Law; or (ii) an involuntary case or proceeding (including the filing of any notice of intention in respect thereof) shall be commenced against Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) under any Insolvency Law law now or hereafter in effect; , or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a decree voluntary case, under any such law, or order of a court having jurisdiction in the premises for shall consent to the appointment of or taking possession by a receiver, receiver-manager, administrative receiver, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian or similar officer of Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) for all or a substantial part of its property; or a warrant of attachmentthe Borrower, execution or similar process shall have been issued against any substantial part of the property of Borrower Holdings or any of its Significant Subsidiaries (other than shall make any Immaterial Subsidiaries), and any such event described in this clause assignment for the benefit of creditors or (ii) the Borrower, Holdings or any of its Significant Subsidiaries shall continue for sixty days without having been dismissedbe unable, bonded or dischargedshall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the board of directors (gor similar governing body) of the Borrower, Holdings or any of its Significant Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or Judgments and Attachments. Any money judgment, writ or warrant of(h) attachment or similar process involving (i) in any individual case an amount in excess of $40,000,000 or (ii) in the aggregate at any time an amount in excess of $40,000,000 (in either case to the extent not adequately covered by insurance as to which a solvent and unaffiliated insurance company has acknowledged coverage) shall be entered or filed against the Borrower, Holdings or any of its Material Subsidiaries or any of their respective assets and shall remain undischarged, unvacated, unbonded or unstayed for a period of sixty (60) days; or Employee Benefit Plans. There shall occur one or more ERISA Events which(i) individually or in the aggregate results in or would reasonably be expected to result in a Material Adverse Effect on the Borrower during the term hereof; or

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Parent, the Borrower or any of its Borrower's Subsidiaries (other than any Immaterial Subsidiaries) in an involuntary case under the Bankruptcy Code or under any Insolvency Lawother applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any Applicable Law; applicable federal or state law, or (ii) an involuntary case or proceeding (including the filing of any notice of intention in respect thereof) shall be commenced against the Parent, the Borrower or any of its Borrower's Subsidiaries (other than any Immaterial Subsidiaries) under the Bankruptcy Code or under any Insolvency Law other applicable bankruptcy, insolvency or 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, receiver-manager, administrative receiver, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Parent, the Borrower or any of its Subsidiaries (other than any Immaterial Borrower's Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trusteetrustee or other custodian of the Parent, custodian or similar officer of the Borrower or any of its Borrower's Subsidiaries (other than any Immaterial Subsidiaries) for all or a substantial part of its property; 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 Borrower or any of its Subsidiaries (other than any Immaterial Borrower's Subsidiaries), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (g);

Appointment of Receiver, etc. (i) A court Any Credit Party or(g) any of competent jurisdiction its Material Subsidiaries shall enter a decree or have an order for relief in entered with respect of Borrower to it or any of its Subsidiaries (other than any Immaterial Subsidiaries) in an involuntary shall commence a voluntary case under any Insolvency Law, which decree the Bankruptcy Code or order is not stayed; or any other similar relief shall be granted under any Applicable Law; or (ii) an involuntary case or proceeding (including the filing of any notice of intention in respect thereof) shall be commenced against Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) under any Insolvency Law Debtor Relief Laws now or hereafter in effect; , or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a decree voluntary case, under any such law, or order of a court having jurisdiction in the premises for shall consent to the appointment of or taking possession by a receiver, receiver-manager, administrative receiver, administrator, liquidator, sequestrator, trustee, custodian trustee or other officer having similar powers over Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, custodian or similar officer of Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) for all or a substantial part of its property; or a warrant any Credit Party or any of attachmentits Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) any Credit Party or any of its Material Subsidiaries shall be unable, execution or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the board of directors (or similar governing body) of any Credit Party or any of its Material Subsidiaries or any committee thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 9.1(f); or Judgments and Attachments. (i) Any one or more money or judgments, writs or(h) warrants of attachment or similar process shall have been issued against all or any substantial part material portion of the any property of Borrower any Credit Party or any of its Subsidiaries or involving an aggregate amount at any time in excess of $50,000,000 (other than to the extent not adequately covered by insurance as to which a solvent and unaffiliated insurance company has acknowledged coverage) shall be entered or filed against any Immaterial Subsidiaries)Credit Party or any of its Subsidiaries or any of their respective assets and shall remain undischarged, and any such event described in this clause unvacated, unbonded or unstayed for a period of thirty (30) days; or (ii) any non-monetary judgment or order shall continue be rendered against any Credit Party or any of its Subsidiaries that would reasonably be expected to have a Material Adverse Effect, and shall remain undischarged, unvacated, unbonded or unstayed for sixty days without having been dismissed, bonded or dischargeda period of thirty (30) days; or Dissolution. Any order, judgment or decree shall be entered against any Credit(i) Party or any of its Material Subsidiaries decreeing the dissolution or split up of such Credit Party or such Subsidiary and such order shall remain undischarged or unstayed for a period in excess of thirty (g30) days; or Pension Plans. There shall occur one or more ERISA Events which individually(j) or in the aggregate results in liability of any Credit Party, any of its subsidiaries or any of their respective ERISA Affiliates in excess of $25,000,000 during the term hereof and which is not paid by the applicable due date; or Change of Control. A Change of Control shall occur; or(k)