Bankruptcy and Insolvency Proceedings. No proceeding (including a private proceeding) has been commenced by or against Able or a Subsidiary of Able (i) seeking to adjudicate it bankrupt or insolvent; (ii) seeking liquidation, dissolution, winding-up, reorganization, arrangement, protection, relief or composition of it or any of its property or debt or making a proposal with respect to it under any Law relating to bankruptcy, insolvency, reorganization, or compromise of debts or other similar Laws (including, without limitation, any case under Chapter 7 or Chapter 11 of the United States Bankruptcy Code or any similar proceeding under applicable state Law); or (iii) seeking appointment of a receiver, trustee, agent or custodian or other similar official for it or for any substantial part of its properties and assets.
Bankruptcy and Insolvency Proceedings. Without Bracknell's prior written consent, Able shall not, and shall not permit any of its Subsidiaries to, institute any proceeding (i) seeking to adjudicate Able or any of its Subsidiaries bankrupt or insolvent, or (ii) seeking liquidation, dissolution, winding-up, reorganization, arrangement, protection, relief or composition of its property or debt or making a proposal with respect to it under any Law relating to bankruptcy, insolvency, reorganization or compromise of debts or other similar Laws (including, without limitation, any case under Chapter 7 or Chapter 11 of the United States Bankruptcy Code or any similar proceeding under applicable state Law). Able shall promptly provide written notice to Bracknell if any Person commences a proceeding against Able or any of its Subsidiaries described under clause (i) or (ii) of this Section 6.20 or seeks to appoint a receiver, trustee, agent, custodian or other similar official for Able or any of its Subsidiaries or for any substantial part of their properties and assets.
Bankruptcy and Insolvency Proceedings. In any case under the Bankruptcy Code in which Holdings or the Borrower or any Subsidiary of the Borrower is the debtor, and in each other insolvency, reorganization, receivership, dissolution or liquidation proceedings by, against or affecting Holdings, the Borrower or any Subsidiary of the Borrower:
Bankruptcy and Insolvency Proceedings. 7 SECTION 3.6.
Bankruptcy and Insolvency Proceedings. Notwithstanding any other provision of this Agreement and any provision of law that so empowers the Company, none of the Company, the Members, the Managing Member or any other Person on behalf of the Company shall have authority to cause the Company to, and the Company shall not, without the unanimous consent of the Managing Member and the Independent Managers, (i) institute proceedings to have the Company be adjudicated bankrupt or insolvent or consent to the institution of bankruptcy or insolvency proceedings against the Company, including under the Bankruptcy Code; (ii) file a petition seeking, or consent to, for or on behalf of the Company, reorganization or relief under any applicable federal or state law relating to bankruptcy; (iii) consent to the appointment of a receiver, liquidator, assignee, trustee or sequestrator (or other similar official) of the Company or a substantial part of its property; or (iv) make any assignment for the benefit of creditors (collectively, “Bankruptcy Actions”). Each of the Managing Member and the Independent Managers shall, to the fullest extent permitted by law (including the Delaware LLC Act), consider the interests of the Company, including specific consideration of the interests of its rated debtholders and other creditors, in acting or otherwise voting on the matters referred to in this Section 11.4. The provisions of this Section 11.4 shall survive the termination of this Agreement.
Bankruptcy and Insolvency Proceedings. 24 SECTION 11.5. BANKRUPTCY CONSIDERATIONS................................................................24 ARTICLE XII WIND-DOWN PERIOD.....................................................................................25 SECTION 12.1. WIND-DOWN EVENTS.........................................................................25 SECTION 12.2. WIND-DOWN PROCEDURES.....................................................................25
Bankruptcy and Insolvency Proceedings. The TIF Lender agrees that it shall not commence or institute or join with any creditor (unless the Senior Lender shall so join) in bringing any proceeding against the Borrower under any bankruptcy, reorganization, assignment for the benefit of creditors, readjustment of debt, arrangement of debt receivership, liquidation or insolvency law or statute of the federal or any state government. If the Senior Lender desires to permit the use of cash collateral or to provide post-petition or other financing to the Borrower in the event of any receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization or arrangement with creditors, whether or not pursuant to bankruptcy law, the sale of all or substantially all of the assets of the Borrower, dissolution, liquidation or any other marshalling of the assets or liabilities of the Borrower, the TIF Lender agrees that it shall not object to the same or assert that its interests are not being adequately protected.
Bankruptcy and Insolvency Proceedings. Neither of the Subject Companies has made an assignment in favour of its creditors nor a proposal in bankruptcy to its creditors or any class thereof nor had any petition for a receiving order presented in respect of it. Neither of the Subject Companies has initiated proceedings with respect to a compromise or arrangement with its creditors or for its winding up, liquidation or dissolution. No receiver has been appointed in respect of either of the Subject Companies, or any of their respective property or assets and no execution or distress has been levied upon any of the property or assets of either of the Subject Companies. No act or proceeding has been taken or authorized by or against either of the Subject Companies with respect to any amalgamation, merger, consolidation, arrangement or reorganization of, or relating to, either of the Subject Companies nor have any such proceedings been authorized by any other Person.
Bankruptcy and Insolvency Proceedings. Either (i) the Borrower or any of its Subsidiaries commences any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for it or for all or any substantial part of its assets, or the Borrower or any of its Subsidiaries shall make a general assignment for the benefit of its creditors; or (ii) there is commenced against the Borrower or any of its Subsidiaries any case, proceeding or other action of a nature referred to in clause (i) above that (x) results in the entry of an order for relief or any such adjudication or appointment or (y) remains undismissed, undischarged or unbonded for a period of 60 days; or (iii) there is commenced against the Borrower or any of its Subsidiaries any case, proceeding or other action seeking issuance of a warrant of attachment, execution, restraint or similar process against all or any substantial part of its property that results in the entry of an order for any such relief that shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof; or (iv) the Borrower or any of its Subsidiaries takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in clause (i), (ii), or (iii) above; or (v) the Borrower or any of its Subsidiaries generally is not, or is unable to, or admits its inability to, pay its debts as they become due; or
Bankruptcy and Insolvency Proceedings. In any case under the Bankruptcy Code in which any Loan Party or any other Subsidiary of the Borrower is the debtor, and in each other insolvency, reorganization, receivership, dissolution or liquidation proceeding by, against or affecting any Loan Party or any other Subsidiary of the Borrower:
