Assignment for the Benefit of Creditors. Borrower shall make a general assignment for the benefit of creditors; or
Assignment for the Benefit of Creditors. The making by Weeks --------------------------------------- Corporation, Borrower or any other Subsidiary or any Material Venture of a general assignment for the benefit of creditors;
Assignment for the Benefit of Creditors. An assignment for the benefit of creditors is made by, or any bankruptcy, reorganization (in connection with a debtor relief proceeding), receivership, moratorium or other debtor relief proceedings are commenced by or against the Architect, and the same is not discharged within ninety (90) days of commencement.
Assignment for the Benefit of Creditors. (i) Subject to the provisions hereof, KPCB, in its capacity as the Collateral Agent and with the consent of the Majority Lenders, will and hereby does consent to Asera's making a general assignment for the benefit of creditors and naming Sherwood as the Assignee; provided, however, that the liens and security interests on the Required Assets granted to the Bridge Lenders pursuant to certain of the Transaction Documents shall remain in full force and effect until the Bridge Conversion (as defined in Section 2(a) hereof) or until the Bridge Indebtedness is repaid in full.
Assignment for the Benefit of Creditors. Xxxxxxxx makes an assignment for the benefit of its creditors.
Assignment for the Benefit of Creditors. An assignment for the benefit --------------------------------------- of creditors by any party liable hereon, whether as maker, endorser, guarantor, surety or otherwise;
Assignment for the Benefit of Creditors. Subject to the provisions hereof, both of Agent and each lender in the WTI Syndicate, will and hereby does consent to Asera's making a general assignment for the benefit of creditors and naming Sherwood as the Assignee. It shall be a condition precedent to effectiveness of the consent set forth in this Section 1(c)(i) hereof, that the Closing (as such term is defined in the Asset Purchase Agreement) shall have occurred under the Asset Purchase Agreement as in effect on the date hereof and subject to no amendments except as expressly consented to by the Majority Syndicate Lenders (as such term is defined in Section 6 of this Agreement).
Assignment for the Benefit of Creditors. Subject to the provisions hereof, Comdisco will and hereby does consent to Asera's making a general assignment for the benefit of creditors and naming Sherwood as the Assignee. It shall be a condition precedent to effectiveness of the consent set forth in this Section 1(c)(i) hereof, that the Closing (as such term is defined in the Asset Purchase Agreement) shall have occurred under the Asset Purchase Agreement as in effect on the date hereof and subject to no amendments except as expressly consented to by Comdisco.
Assignment for the Benefit of Creditors. The Assignor TBG Entities have informed Buyer that the Assignor TBG Entities and their Affiliates have been and are currently losing money in the operation of the Salons and the Business and that these operating losses are present before factoring in corporate overhead/G&A expenses as an additional expense in the operation of the Salons and the Business. The Assignor TBG Entities have informed Buyer that the Assignor TBG Entities and their Affiliates are unable to fund a Chapter 11 case and that, even if the Assignor TBG Entities and their Affiliates were able to fund such a Chapter 11 case (which they are not), consistent with their fiduciary obligations in such a Chapter 11 case, the Assignor TBG Entities and their Affiliates would have to reject or terminate each of the Leases (and breach the US Sublease) with respect to the Salons immediately upon the filing of such a Chapter 11 case and that the Salons and the Business do not have any residual value to the Assignor TBG Entities or their Affiliates. Based upon these facts, Buyer and the Assignor TBG Entities have agreed that additional operating losses to and additional claims against the Assignor TBG Entities and their Affiliates would be prevented or limited by entering into the transactions provided for under this Agreement contemporaneously with the commencement of the ABC.
Assignment for the Benefit of Creditors. 60 11.13 INSOLVENCY................................. 60 11.14
