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 Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary in an involuntary case under any Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary under any Debtor Relief Laws 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 Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary, 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 or other custodian of Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary 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 Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (g) Voluntary Bankruptcy; Appointment of Receiver, etc. Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary shall have an -168- 105376510

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holding, Company, any Aggregatable Restricted Subsidiaries Credit Party or any Material Restricted Subsidiary (other than a Restricted Holding Company Subsidiary) in an involuntary case under any Debtor Relief Laws now or hereafter in effect, effect (including pursuant to which Canada Borrower has been declared bankrupt or insolvent under Canadian Insolvency Legislation) which decree or order for relief is not immediately stayed; or any other similar relief shall be granted under any applicable federal federal, state or state lawprovincial Governmental Rule, and such relief is not immediately stayed; or (ii) an involuntary case shall be commenced against Holding, Company, any Aggregatable Restricted Subsidiaries Credit Party or any Material such Restricted Subsidiary under any Debtor Relief Laws 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, administrator, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holding, Company, any Aggregatable Restricted Subsidiaries such Credit Party or any Material such Restricted Subsidiary, 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, receiver, receiver-manager, administrator, trustee or other custodian of Holding, Company, any Aggregatable Restricted Subsidiaries Credit Party or any Material such Restricted Subsidiary 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 Holding, Company, any Aggregatable Restricted Subsidiaries Credit Party or any Material such Restricted Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; discharged (provided, that in either (i) or (gii) Voluntary Bankruptcy; Appointment above, no Default or Event of ReceiverDefault shall occur hereunder, etc. Holding, Company, in the case of any Aggregatable Restricted Subsidiaries or any Material such Restricted Subsidiary shall unless such event could reasonably be expected to have an -168- 105376510a Material Adverse Effect); or

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holding, Company, any Aggregatable Restricted Subsidiaries Holdings or any Material Restricted of its Subsidiaries other than an Immaterial Subsidiary in an involuntary case under the Bankruptcy Code or under any Debtor Relief Laws other 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 federal or state law; or (ii) an involuntary case shall be commenced against Holding, Company, any Aggregatable Restricted Subsidiaries Holdings or any Material Restricted Subsidiary of its Subsidiaries other than its Immaterial Subsidiaries under the Bankruptcy Code or under any Debtor Relief Laws 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, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holding, Company, any Aggregatable Restricted Subsidiaries Holdings or any Material Restricted Subsidiaryof its Subsidiaries other than 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 or other custodian of Holding, Company, any Aggregatable Restricted Subsidiaries Holdings or any Material Restricted Subsidiary of its Subsidiaries other than its 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 Holding, Company, any Aggregatable Restricted Subsidiaries Holdings or any Material Restricted Subsidiaryof its Subsidiaries other than 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) Voluntary Bankruptcy; Appointment of Receiver, etc. Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary shall have an -168- 105376510or

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiary of its Subsidiaries (or, at any time the Atlantic or Atlantic Related Entity has any continuing obligations under the Atlantic Existing Credit Facility, the Atlantic Fund Guaranty, the Atlantic Pledge, the Atlantic Side Letter or the Atlantic Term Loan Agreement (the "ATLANTIC DOCUMENTS"), Atlantic or Atlantic Related Entity) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Laws other 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 federal or state law; or (ii) an involuntary case shall be commenced against Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiary of its Subsidiaries (or, at any time the Atlantic or Atlantic Related Entity has any continuing obligations under any Debtor Relief Laws Atlantic Documents, Atlantic or Atlantic Related Entity) under the Bankruptcy Code or under any 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, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiaryof its Subsidiaries (or, at any time the Atlantic or Atlantic Related Entity has any continuing obligations under any Atlantic Documents, Atlantic or Atlantic Related Entity), 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 or other custodian of Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiary of its Subsidiaries (or, at any time the Atlantic or Atlantic Related Entity has any continuing obligations under any Atlantic Documents, Atlantic or Atlantic Related Entity) 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 Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiaryof its Subsidiaries (or, at any time the Atlantic or Atlantic Related Entity has any continuing obligations under any Atlantic Documents, Atlantic or Atlantic Related Entity), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (g) Voluntary Bankruptcy; Appointment of Receiver, etc. Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary shall have an -168- 105376510or

Appointment of Receiver, etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case under the Bankruptcy Code or under any Debtor Relief Laws other 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 federal or state law; or (ii) an involuntary case shall be commenced against Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiary of its Subsidiaries (other than an 91 Insignificant Subsidiary) under the Bankruptcy Code or under any Debtor Relief Laws 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, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted of its Subsidiaries (other than an Insignificant Subsidiary), 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 or other custodian of Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted Subsidiary of its Subsidiaries (other than an Insignificant Subsidiary) 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 Holding, Company, any Aggregatable Restricted Subsidiaries Company or any Material Restricted of its Subsidiaries (other than an Insignificant Subsidiary), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (g) Voluntary Bankruptcy; Appointment of Receiver, etc. Holding, Company, any Aggregatable Restricted Subsidiaries or any Material Restricted Subsidiary shall have an -168- 105376510or