Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)
Bankruptcy, etc. The Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries and the petition is not controverted within 10 20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or there is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries for the purpose of effecting any of the foregoing, provided that, in the case of any Non-Recourse Subsidiary, it shall not be a Default or Event of Default under this Section 10.05 unless the aggregate principal amount of all Indebtedness incurred by such Non-Recourse Subsidiary pursuant to Section 9.17 exceeds $15,000,000; or
Appears in 4 contracts
Samples: Credit Agreement (General Maritime Corp / MI), Intercreditor Agreement (Gener8 Maritime, Inc.), Credit Agreement (Gener8 Maritime, Inc.)
Bankruptcy, etc. The Parent Guarantor or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Guarantor or any of its Subsidiaries and the petition is not controverted within 10 30 days after service of summons (or such longer period as may be provided by such summons), or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Guarantor or any of its Subsidiaries Subsidiaries, or the Parent Guarantor or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Guarantor or any of its Subsidiaries or there is commenced against the Parent Guarantor or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Guarantor or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Guarantor or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Guarantor or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Guarantor or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.), Credit Agreement (Athena Spinco Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not stayed or dismissed within and remains in effect after 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Radian Group Inc), Credit Agreement (Radian Group Inc)
Bankruptcy, etc. The Parent Company or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Company or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Company or any of its Subsidiaries or the Parent Company or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent Company or any of its Subsidiaries Subsidiaries; or there any such proceeding is commenced against (a) any Regulated Insurance Company which is engaged in the Parent business of underwriting insurance and/or reinsurance, or (b) the Company or any of its Subsidiaries any Subsidiaries, and in the case of either clause (a) or (b) such proceeding which remains undismissed for a period of 60 is not controverted within 10 days, or is not dismissed within 60 days; or the Parent Company or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (x) any Regulated Insurance Company which is engaged in the Parent business of underwriting insurance and/or reinsurance suffers any appointment of any conservator or the like for it or any substantial part of its property, or (y) the Company or any of its Subsidiaries suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Quanta Capital Holdings LTD), Credit Agreement (Quanta Capital Holdings LTD), Credit Agreement (Quanta Capital Holdings LTD)
Bankruptcy, etc. (i) The Parent Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiary or the Parent Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiary or there is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Parent Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or (vi) the Borrower or any Material Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or (vii) the Parent Borrower or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or (viii) the Borrower or any petition Material Subsidiary shall fail to pay, or shall state that it is presented unable to pay, or shall be unable to pay, its debts generally as they become due; or (and in ix) the case Borrower or any Material Subsidiary shall call a meeting of a petition presented by a Person its creditors (other than a meeting solely with the Parent Banks) with a view to arranging a composition or adjustment of its debts; or (x) the Borrower or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made Material Subsidiary shall by any competent court for winding upact or failure to act consent to, dissolution approve of or the appointment of a liquidator; or any resolution is passed by acquiesce in any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiariesforegoing; or (xi) any corporate action is taken by the Parent Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or.
Appears in 3 contracts
Samples: Credit Agreement (Eastman Kodak Co), Year Credit Agreement (Eastman Kodak Co), Day Credit Agreement (Eastman Kodak Co)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Reckson Services Industries Inc), And Assumption Agreement (Vantas Inc), Credit Agreement (Moovies Inc)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), or Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), or there is commenced against the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers (other than any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition Business action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or (other than any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)
Bankruptcy, etc. The Parent Parent, the Company or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Parent, the Company or any of its Subsidiaries (other than an Immaterial Subsidiary), or Parent, the Company or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against Parent, the Parent Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or Parent, the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Parent, the Parent Company or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in Parent, the case of a petition presented by a Person other than the Parent Company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of (other than an Immaterial Subsidiary) shall fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 3 contracts
Samples: Abl Credit Agreement and Waiver (J.Jill, Inc.), Abl Credit Agreement (J.Jill, Inc.), Schedules (J.Jill, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 daysdays after service of summons, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Bankruptcy, etc. The Parent Holdings or any of Credit Party or its respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any Credit Party or any of its respective Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any Credit Party or any of its Subsidiaries respective Subsidiaries; or the Parent Holdings or any Credit Party or any of its respective Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect effect, including without limitation, the Bankruptcy and Insolvency Act (Canada) and the Companies' Creditors Arrangement Act (Canada), relating to the Parent Holdings or any Credit Party or any of its Subsidiaries respective Subsidiaries; or there is commenced against the Parent Holdings or any Credit Party or any of its respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or a receiver, receiver and manager, administrator, liquidator, trustee or other person or officer with like powers shall be appointed, either by private appointment or by order of a court of competent jurisdiction, with respect to, or the Parent an encumbrancer shall take possession of, assets of Holdings or any Credit Party or any of its Subsidiaries; or any person presents a petition for the winding-up or the administration of Holdings or any Credit Party or any of its Subsidiaries and such petition remains undismissed for a period of 60 days; or Holdings or any Credit Party or any of its respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any Credit Party or any of its respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any Credit Party or any of its respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Holdings or any Credit Party or any of its respective Subsidiaries for the purpose of discussing or effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Morris Material Handling Inc), Credit Agreement (MMH Holdings Inc), Assignment and Assumption Agreement (MMH Holdings Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Specified Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Specified Subsidiary and the petition is not controverted within 10 days after service commencement of summons, the case; or an involuntary case is commenced against the Borrower or any Specified Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any Specified Subsidiary; or the Borrower or any Specified Subsidiary commences (including by way of applying for or consenting to the appointment of, or taking of possession by, a rehabilitation, receiver, custodian, trustee, conservator or liquidation (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Specified Subsidiary; or there is commenced against the Parent Borrower or any of its Subsidiaries Specified Subsidiary any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to property, which appointment shall continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Bristol West Holdings Inc), Credit Agreement (Bristol West Holdings Inc), Credit Agreement (Bristol West Holdings Inc)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), or Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of (other than an Immaterial Subsidiary) shall fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 3 contracts
Samples: Loan Credit Agreement (J.Jill, Inc.), Loan Credit Agreement (J.Jill, Inc.), Term Loan Credit Agreement (J.Jill, Inc.)
Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries Subsidiaries, or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Capstar Broadcasting Partners Inc), Credit Agreement (Capstar Radio Broadcasting Partners Inc), Credit Agreement (Capstar Broadcasting Corp)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their --------------- respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in ---------- effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case --------------- is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries, or Holdings, the Parent Borrower or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries, or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Borrower or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Coinmach Laundry Corp), Credit Agreement (Coinmach Corp), Credit Agreement (Coinmach Laundry Corp)
Bankruptcy, etc. The Parent Aleris or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Aleris or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Aleris or any of its Subsidiaries Subsidiaries, or the Parent Aleris or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, bankruptcy or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Aleris or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Aleris or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Aleris or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order sought in or approving any such case or proceeding is entered; or the Parent Aleris or any of its Subsidiaries suffers any appointment of any receiver, receiver-manager, monitor, trustee in bankruptcy, custodian or the like for it or any substantial part of its property to continue (which, continues undischarged or unstayed for a period of 60 daysdays or is consented to by Aleris or any of its Subsidiaries); or the Parent Aleris or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Aleris or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Aleris International, Inc.), Bridge Loan Credit Agreement (Aleris International, Inc.), Term Loan Agreement (Aleris International, Inc.)
Bankruptcy, etc. The Parent Holdings or any of its Significant Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Significant Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Significant Subsidiaries, or the Parent Holdings or any of its Significant Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Significant Subsidiaries, or there is commenced against the Parent Holdings or any of its Significant Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Significant Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Significant Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Significant Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Holdings or any of its Significant Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Universal Compression Inc), Credit Agreement (Universal Compression Holdings Inc), Universal Compression Holdings Inc
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days45 days after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of the Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or the Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days45 days after the filing thereof, or the Parent Borrower or any of its Subsidiaries is (other than an Immaterial Subsidiary) adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition Company action is presented (and in taken by the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)
Bankruptcy, etc. The Parent HMC or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent HMC or any of its Subsidiaries and the petition is consented to or acquiesced in by HMC or any of its Subsidiaries, is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 30 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent HMC or any of its Subsidiaries or the Parent HMC or any of its Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent HMC or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent HMC or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 30 days, or the Parent HMC or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and is not vacated or stayed within 30 days; or the Parent HMC or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, receiver and manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 30 days; or the Parent HMC or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any partnership and/or corporate action is taken by the Parent HMC or any of its Subsidiaries for the purpose of effecting any of the foregoingforegoing (it being understood that the provisions of this Section 12.05 shall not apply to any Subsidiary of the U.S. Borrower who is a borrower (a) under Non-Recourse Indebtedness in aggregate principal amount of less than or equal to 1% of the Adjusted Total Assets or (b) under other Indebtedness equal to or less than $50,000,000 (or the Dollar Equivalent thereof) but the provisions of this Section 12.05 shall apply to each Significant Subsidiary and, at any time a Canadian Revolving Loan Borrower has any outstanding Canadian Revolving Loans, such Canadian Revolving Loan Borrower); or
Appears in 2 contracts
Samples: Credit Agreement (Host Marriott Corp/), Credit Agreement (Host Marriott L P)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case case, proceeding or action concerning itself under (a) Title 11 of the United States Code entitled “Bankruptcy,” ”, or (b) in the case of any Foreign Subsidiary that is a Material Subsidiary, any domestic or foreign law relating to bankruptcy, judicial management, insolvency reorganization or relief of debtors legislation of its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case case, proceeding or action is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary and the petition is not controverted within 10 days after service commencement of summonsthe case, proceeding or action; or an involuntary case, proceeding or action is commenced against the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) ), judicial manager, receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiary; or the Parent Borrower or any of its Subsidiaries Material Subsidiary commences any other proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiary; or there is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiary any such proceeding which or action that remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or the Parent Borrower or any of its Subsidiaries Material Subsidiary suffers any appointment of any custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Pledge Agreement (Kinder Morgan Inc), Credit Agreement (Kinder Morgan Holdco LLC)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”)") or shall consent to the filing of any petition against it under any such law; or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries), or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries), or there is commenced against the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries (excluding Insignificant Subsidiaries) makes a general assignment for the benefit of creditors; or any petition corporate action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its (excluding Insignificant Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries ) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Vertis Inc), Credit Agreement (Big Flower Press Holdings Inc /Pred/)
Bankruptcy, etc. The Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) shall commence a voluntary case concerning itself under Title 7 or 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary); or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary); or there is commenced against the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) any such case or proceeding which remains undismissed for a period of 60 days, ; or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Guarantor or any of its Subsidiaries (other than an Insignificant Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Note Purchase Agreement (Noble Drilling Corp), Note Purchase Agreement (Noble Drilling Corp)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary), or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) (including, but not limited to, in the case of the Captive Insurance Company, Article 74 of the New York Insurance Law), or there is commenced against the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Town Sports International Holdings Inc), Security Agreement (Town Sports International Holdings Inc)
Bankruptcy, etc. The Parent Holdings or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days45 days after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extender credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, to operate all or any substantial portion of the Parent business of Holdings or any of its Restricted Subsidiaries, or Holdings or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Restricted Subsidiaries, or there is commenced against the Parent Holdings or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days45 days after the filing thereof, or the Parent Holdings or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any petition action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Bankruptcy, etc. The Parent Holdings, the Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent Lead Borrower or any of its Subsidiaries Restricted Subsidiaries, and the petition is not controverted within 10 days after service of summons21 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Lead Borrower or any of its Subsidiaries Restricted Subsidiaries, or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Lead Borrower or any of its Subsidiaries Restricted Subsidiaries, or there is commenced against Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Restricted Subsidiaries suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Lead Borrower or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Bway Intermediate Company, Inc.), Term Loan Credit Agreement (Bway Intermediate Company, Inc.)
Bankruptcy, etc. The Parent Any Credit Party or any Material Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company, and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any Material Subsidiary of its Subsidiaries or the Parent Company, to operate all or any substantial portion of its Subsidiaries the business any Credit Party or any Material Subsidiary of the Company, or any Credit Party or any Material Subsidiary of the Company commences any other proceeding under in relation to any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, bankruptcy, insolvency or liquidation any analogous procedure or similar law of step is taken in any jurisdiction whether now or hereafter in effect relating to the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company (including under any Dutch Insolvency Law), or there is commenced against the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company is adjudicated or deemed under applicable law insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; (including the entry of an order of relief against it or for the Parent or any of its Subsidiaries suffers any appointment of any a receiver, controller, receiver-manager, trustee, monitor, custodian or the like similar official for it or for any substantial part of its property to continue undischarged or unstayed for a period of 60 daysproperty) is entered; or the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Business action is taken by the Parent any Credit Party or any Material Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or with respect to a Dutch Credit Party, if it files a notice under section 36 of the Tax Collection Act of the Netherlands (Invorderingswet 1990); or
Appears in 2 contracts
Samples: Security Agreement (Tesla Motors Inc), Amendment and Restatement Agreement (Tesla, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction jurisdiction, whether now or hereafter in effect effect, relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; provided, however, that Borrower hereby agrees that during the period from the Effective Date and thereafter for so long as this Agreement is in effect, if a voluntary or involuntary petition is filed commencing a proceeding under any Chapter of the Bankruptcy Code relating to Borrower or any of its Subsidiaries (such entity or entities, individually and/or collectively referred to for the purpose of this Section 8.05 as the "Debtor") the Debtor will discuss and cooperate with the Lenders in good faith to permit the Lenders to provide debtor-in-possession financing on terms and conditions mutually agreeable to the parties ("Mutually Agreeable DIP Financing"), and the Debtor will petition the applicable bankruptcy court (i) to request that the Lenders be authorized (if the Lenders consent and agree) to provide Mutually Agreeable DIP Financing and senior priming liens to the Debtor pursuant to, without limitation, Bankruptcy Code ss. 364, 11 U.S.C.(S)364 and (ii) for the Loans to be refinanced as part of the proposed Mutually Agreeable DIP Financing. If after such discussion and cooperation in good faith, Borrower and the Lenders do not agree to a Mutually Agreeable DIP Financing, the Lenders shall subsequently have the right of first refusal to provide debtor-in-possession financing and senior priming liens to the Debtor pursuant to, without limitation, Bankruptcy Code(S)364, 11 U.S.C. (S) 364, on the same terms and conditions as may be offered by any other third-party lender (and the Debtor shall so petition the bankruptcy court to request that the Lenders be approved to provide such debtor-in-possession financing if they exercise their right of first refusal); or
Appears in 2 contracts
Samples: Credit Agreement (Trumps Castle Funding Inc), Credit Agreement (Trump Hotels & Casino Resorts Funding Inc)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Primedia Inc), Credit Agreement (Primedia Inc)
Bankruptcy, etc. The Parent (i) Any Borrower or any of its Significant Subsidiaries shall commence a voluntary case concerning itself any case, proceeding or other action (A) under Title 11 any existing or future law of the United States Code entitled “Bankruptcy,” as now any jurisdiction, domestic or hereafter in effectforeign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or any successor thereto (the “Bankruptcy Code”); seeking to adjudicate it bankrupt or an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsinsolvent, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any seeking reorganization, arrangement, adjustment of debtadjustment, relief of debtorswinding-up, liquidation, dissolution, insolvency composition or liquidation other relief with respect to it or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdebts, or the Parent or any (B) seeking appointment of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief a receiver, trustee, custodian or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like similar official for it or for all or any substantial part of its property assets, or any Borrower or any of its Significant Subsidiaries shall make a general assignment for the benefit of its creditors; or (ii) there shall be commenced against any Borrower or any of its Significant Subsidiaries any case, proceeding or other action of a nature referred to continue in clause (i) above which (x) results in the entry of an order for relief or any such adjudication or appointment or (y) remains undismissed, undischarged or unstayed unbonded for a period of 60 days; or the Parent (iii) there shall be commenced against any Borrower or any of its Significant Subsidiaries makes any case, proceeding or other action seeking issuance of a general assignment warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets which results in the entry of an order for any such relief which shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the benefit of creditorsentry thereof; or (iv) a Luxembourg Insolvency Event shall occur in respect of any petition Subsidiary Borrower that is presented a Luxembourg Subsidiary; or (and in the case of a petition presented by a Person other than the Parent v) any Borrower or any of its Significant Subsidiaries remains undischarged shall take any action in furtherance of, or unstayed for a period of 60 days); indicating its consent to, approval of, or any order is made by any competent court for winding upacquiescence in, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent acts set forth in clause (i), (ii), (iii) or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing(iv) above; or
Appears in 2 contracts
Samples: Credit Agreement (Hubbell Inc), Credit Agreement (Hubbell Inc)
Bankruptcy, etc. The Parent Any Credit Party or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case under the Bankruptcy Code is commenced against the Parent any Credit Party or any of its Material Subsidiaries and the petition therefor is not controverted within 10 days after service of summonsnotice of such case on such Credit Party or such Material Subsidiary, or is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any of its Subsidiaries Material Subsidiaries; or the Parent any Credit Party or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Credit Party or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent any Credit Party or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent any Credit Party or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent any Credit Party or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent any Credit Party or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Reynolds American Inc), Credit Agreement (Reynolds American Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Subsidiaries, shall commence a voluntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto or any similar legislation in any other applicable jurisdiction (collectively, the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition or application is not controverted contested within 10 days after service commencement of summonsthe case; or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition or application is not dismissed within 60 days, 45 days after commencement of the case; or a receiver, trustee, liquidator, custodian (as defined in the Bankruptcy Code) or similar official is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries Subsidiaries, commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, any such proceeding which that remains undismissed for a period of 60 45 days, ; or the Parent Borrower or any of its Subsidiaries Subsidiaries, is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Subsidiaries, makes a general assignment for the benefit of creditors, files under the Bankruptcy Act or takes a similar action under the Bankruptcy Act; or any petition corporate or similar action is presented (and in taken by the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent Borrower or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries , for the purpose of effecting any of the foregoing; oror the Borrower or any of its Subsidiaries, is unable to pay its debts as they fall due, or makes a general assignment for the benefit of or a composition with its creditors generally; or the Borrower or any of its Subsidiaries, takes any corporate or similar action or other steps are taken or legal proceedings are started for its winding-up, dissolution, administration or insolvent re-organization or for the appointment of a liquidator, administrator or administrative receiver of it.
Appears in 2 contracts
Samples: Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries); or the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries); or there any such proceeding is commenced against (a) any Regulated Insurance Company (other than any Regulated Insurance Company that is an Insignificant Subsidiary) which is engaged in the business of underwriting insurance and/or reinsurance in the United States, or (b) the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries or any Regulated Insurance Company described in the immediately preceding clause (a)) to the extent such proceeding which is consented to by such Person, and in the case of either clause (a) or (b) remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (x) any Regulated Insurance Company (other than any Regulated Insurance Company that is an Insignificant Subsidiary) which is engaged in the business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (y) the Parent Borrower or any of its Subsidiaries suffers (other than Insignificant Subsidiaries or any Regulated Insurance Company described in the immediately preceding clause (x)) consents to any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group LTD)
Bankruptcy, etc. The Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Company or any of its Subsidiaries (other than an Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) or there is commenced against the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Company, the Delaware Sub or any of its the Company’s other Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Purchase Agreement (Particle Drilling Technologies Inc/Nv), Purchase Agreement (Particle Drilling Technologies Inc/Nv)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition relating thereto is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement the filing thereof, provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (PAETEC Holding Corp.), Credit Agreement (Pyramid Communication Services, Inc.)
Bankruptcy, etc. The Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons21 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in taken by the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged (other than any Immaterial Subsidiary, whether or unstayed for a period of 60 daysnot so designated); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Security Agreement (OCI Partners LP), Patent Security Agreement
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary); or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary); or there is commenced against the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 90 days, ; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its their respective Subsidiaries or Holdings, the Parent Borrower or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its their respective Subsidiaries or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Borrower or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Generac Portable Products Inc), Credit Agreement (FSC Semiconductor Corp)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (About, Inc.), Credit Agreement (Primedia Inc)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries, or Holdings, the Parent Borrower or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries, or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Borrower or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Appliance Warehouse of America Inc), Credit Agreement (Coinmach Corp)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries ---------------- (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Extended Stay America Inc), Security Agreement (Extended Stay America Inc)
Bankruptcy, etc. The Parent Holdings, the MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons21 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent MLP, the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in taken by the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged (other than any Immaterial Subsidiary, whether or unstayed for a period of 60 daysnot so designated); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Security Agreement, Security Agreement (OCI Partners LP)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, bankruptcy, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries, or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Eye Care Centers of America Inc), Credit Agreement (Eye Care Centers of America Inc)
Bankruptcy, etc. The Parent Borrower or any of its Significant Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Significant Subsidiaries and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Significant Subsidiaries, or the Parent Borrower or any of its Significant Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, receivership, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Significant Subsidiaries, or there is commenced against the Parent Borrower or any of its Significant Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Significant Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Significant Subsidiaries suffers any appointment of any custodian custodian, administrator, administrative receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Significant Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Significant Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Bankruptcy, etc. The Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) or the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) (except in the case of any winding-up or liquidation of any such Subsidiary (other than any Credit Agreement Party) to the extent same is permitted under Section 9.02), or there is commenced against the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, or VHS Holdco I, the Parent Borrower or any of its Subsidiaries (other than Immaterial Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent VHS Holdco I or any of its Subsidiaries (other than Immaterial Subsidiaries) makes a general assignment for the benefit of creditors; or any petition corporate action is presented (and in the case of a petition presented taken by a Person other than the Parent VHS Holdco I or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its (other than Immaterial Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries ) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Vanguard Health Systems Inc), Credit Agreement (Vanguard Health Systems Inc)
Bankruptcy, etc. The Parent HHRI or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent HHRI or any of its Subsidiaries and the petition is consented to or acquiesced in by HHRI or any of its Subsidiaries, is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent HHRI or any of its Subsidiaries or the Parent HHRI or any of its Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent HHRI or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent HHRI or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent HHRI or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and is not vacated or stayed within 60 days; or the Parent HHRI or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, receiver and manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent HHRI or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any partnership and/or corporate action is taken by the Parent HHRI or any of its Subsidiaries for the purpose of effecting any of the foregoingforegoing (it being understood that the provisions of this Section 12.05 shall not apply to any Subsidiary of the U.S. Borrower who is a borrower (a) under Non-Recourse Indebtedness in aggregate principal amount of less than or equal to 1% of the Adjusted Total Assets or (b) under other Indebtedness equal to or less than $50,000,000 (or the Dollar Equivalent thereof) but the provisions of this Section 12.05 shall apply to each Significant Subsidiary and, at any time a Canadian Revolving Loan Borrower has any outstanding Canadian Revolving Loans, such Canadian Revolving Loan Borrower); or
Appears in 2 contracts
Samples: Management Agreement (Host Hotels & Resorts L.P.), Management Agreement (Host Hotels & Resorts, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (National Tobacco Co Lp), Credit Agreement (National Tobacco Co Lp)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 days after service of summonsnotice of such case on the Borrower or such Material Subsidiary, or is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries; or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc), Credit Agreement (Rj Reynolds Tobacco Holdings Inc)
Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an i) An involuntary case is or other proceeding shall be commenced against the Parent Borrower or any of Subsidiary (other than Xxxxxx CFEM Facades (UK) Ltd.) seeking liquidation, reorganization or other relief with respect to it or its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding debts under any reorganizationapplicable bankruptcy, arrangementinsolvency, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation reorganization or similar law of any jurisdiction whether now or hereafter in effect relating to seeking the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian a custodian, receiver, liquidator, assignee, trustee, sequestrator or the like for similar official of it or any substantial part of its property to continue undischarged property, and such involuntary case or other proceeding shall remain undismissed and unstayed for a period of more than 60 days; or an order or decree approving or ordering any of the Parent foregoing shall be entered and continued unstayed and in effect, or (ii) the Borrower or any Subsidiary (other than Xxxxxx CFEM Facades (UK) Ltd.) shall commence a voluntary case or proceeding under any applicable bankruptcy, insolvency, reorganization or similar law or any other case or proceeding to be adjudicated a bankrupt or insolvent, or any of its Subsidiaries makes them shall consent to the entry of a general decree or order for relief in respect of the Borrower or any such Subsidiary in an involuntary case or proceeding under any applicable bankruptcy, insolvency, reorganization or other similar law or to the commencement of any bankruptcy or insolvency case or proceeding against any of them, or any of them shall file a petition or answer or consent seeking reorganization or relief under any applicable law, or any of them shall consent to the filing of such petition or to the appointment of or taking possession by a custodian, receiver, liquidator, assignee, trustee, sequestrator or similar official of the Borrower or any such Subsidiary or any substantial part of their respective property, or any of them shall make an assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent , or any of them shall admit in writing its Subsidiaries remains undischarged inability to pay its debts generally as they become due, or unstayed for a period of 60 days); the Borrower or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator such Subsidiary shall take corporate action in furtherance of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; orsuch action.
Appears in 2 contracts
Samples: Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Apogee Enterprises Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries subsidiaries and affiliates shall commence a voluntary case concerning itself under Title 11 any bankruptcy or reorganization proceeding under the Laws of Argentina (including a "concurso preventivo" in accordance with the provisions of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, Argentine Bankruptcy Law) or any successor thereto other jurisdiction (other than an Acuerdo Preventivo Extrajudicial in accordance with the “provisions of the Argentine Bankruptcy Code”Law); or an involuntary case under any such Laws ("pedido de quiebra") is commenced against the Parent Borrower or any of its Subsidiaries subsidiaries and affiliates, and the petition is Borrower or its subsidiaries and affiliates do not controverted within 10 days after service of summons, obtain dismissal thereof or is do not dismissed within 60 days, after commencement of contest it in good faith in the casefirst available opportunity provided under Argentine Bankruptcy Law; or a custodian the Borrower or its subsidiaries is (or are as defined in the Bankruptcy Codecase may be) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; , or any order other of relief or other order approving any such case or proceeding is enteredentered after execution of any indenture, mortgage, deed of trust, credit agreement, loan agreement or any other agreement or instrument entered in connection with the refinancing of the indebtedness of the Borrower; the Borrower becomes into cesacion de pagos as provided in Sections 78 and 79 of Argentine Bankruptcy Law No. 24,522 as amended; or the Parent Borrower or any of its Subsidiaries subsidiaries suffers any appointment of any custodian or the like for it (or them, as the case may be) or any substantial part of their (or their, as the case may be) property and, to the extend applicable law permits the Borrower or its property to continue undischarged or subsidiaries and undercharged and/or unstayed for a period of 60 ten (10) calendar days; or the Parent Borrower or any of its Subsidiaries subsidiaries and affiliates makes (or make as the case may be) a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries subsidiaries and affiliates for the purpose of effecting any of the foregoing; oror after execution of any other agreement or instrument entered in connection with the refinancing of its (or theirs, as the case may be) indebtedness, Borrower or its subsidiaries and affiliates shall generally not pay their debts as they become due or shall admit in writing their inability to pay their debts as they become due.
Appears in 2 contracts
Samples: Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Leitesol Industry & Commerce Inc.)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries; or Holdings, the Parent Borrower or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries their respective Subsidiaries; or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries any such case or proceeding which remains undismissed for a period of 60 days; or Holdings, or the Parent Borrower or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (R&b Falcon Corp), Credit Agreement (R&b Falcon Corp)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summons90 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries which custodian is not dismissed within 90 days after the date of such appointment or the Parent date such custodian takes charge, or Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 90 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankruptbankrupt in a final non-appealable judgement by a court of competent jurisdiction; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (BOSTON OMAHA Corp), Credit Agreement (BOSTON OMAHA Corp)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”)Debtor Relief Law; or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries); or the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, liquidator or provisional liquidator (collectively, a “conservator”) or, for the purposes of United Kingdom law, an administrator or administrative receiver, of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction jurisdiction, Part XIII of the Bermuda Companies Law and the Companies (Winding-Up) Rule 1982 (as amended) or U.K. Insolvency Act whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries); or there any such proceeding is commenced against (i) any Regulated Insurance Company (other than any Regulated Insurance Company that is an Insignificant Subsidiary) which is engaged in the business of underwriting insurance and/or reinsurance in the United States, or (ii) the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries or any Regulated Insurance Company described in the immediately preceding clause (i)) to the extent such proceeding which is consented to by such Person, and in the case of either clause (i) or (ii) remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (x) any Regulated Insurance Company (other than any Regulated Insurance Company that is an Insignificant Subsidiary) which is engaged in the business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (y) the Parent Borrower or any of its Subsidiaries suffers (other than Insignificant Subsidiaries or any Regulated Insurance Company 103 described in the immediately preceding clause (x)) consents to any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)
Bankruptcy, etc. The Parent Company or any of its Subsidiaries shall (each, an “Obligor”) shall: (a) commence a voluntary case concerning itself under Title 11 the Bankruptcy Code or authorize, by appropriate proceedings of its board of directors or other governing body, the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto commencement of such a voluntary case; (the “Bankruptcy Code”); or b) (i) have filed against it a petition commencing an involuntary case is commenced against under the Parent or any of its Subsidiaries and Bankruptcy Code that shall not have been dismissed within 90 days after the date on which such petition is not controverted within 10 days after service of summonsfiled, or is not dismissed (ii) file an answer or other pleading within 60 dayssuch 90-day period admitting or failing to deny the material allegations of such a petition or seeking, after commencement of consenting to or acquiescing in the case; relief therein provided, or a custodian (as defined iii) have entered against it an order for relief in any involuntary case commenced under the Bankruptcy Code; (c) is appointed forseek relief as a debtor under any applicable law, other than the Bankruptcy Code, of any jurisdiction relating to the liquidation or reorganization of debtors or to the modification or alteration of the rights of creditors, or takes charge consent to or acquiesce in such relief; (d) have entered against it an order by a court of competent jurisdiction (i) finding it to be bankrupt or insolvent, (ii) ordering or approving its liquidation or reorganization as a debtor or any modification or alteration of the rights of its creditors or (iii) assuming custody of, or appointing a receiver or other custodian for, all or substantially all of the property of the Parent or any a substantial portion of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankruptproperty; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general (e) make an assignment for the benefit of of, or enter into a composition with, its creditors; , or any petition is presented (and in appoint, or consent to the case of appointment of, or suffer to exist a petition presented by receiver or other custodian for, all or a Person other than the Parent or any substantial portion of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding upproperty, dissolution or then, (i) upon the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator occurrence of any Event of Default described in Section 2.2 with respect to the Parent Company, the unpaid principal amount of this Note, together with accrued interest thereon, shall automatically become immediately due and payable, without presentment, demand, protest or other requirements of any kind, all of its Subsidiaries; or any corporate action is taken which are hereby expressly waived by the Parent Company, and (ii) upon the occurrence of any other Event of Default the Noteholder may, upon prior written notice to the Administrative Agent (if the Credit Agreement is then still in effect), and upon written notice to the Company, declare this Note to be due and payable, whereupon the principal amount of this Note, together with accrued interest thereon, shall automatically become immediately due and payable, without any other notice of any kind, and without presentment, demand, protest or other requirements of any kind, all of its Subsidiaries for which are hereby expressly waived by the purpose Company; provided, however, that the acceleration of effecting any principal and interest with respect to this Note and the exercise of judicial and foreclosure remedies shall be subject to the foregoing; orrestrictions in Section 3 below.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Bankruptcy, etc. The Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Xxxxxx Xxxxxx Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries and the petition is not controverted within 10 20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries or there is commenced against the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Parent, any of its Subsidiaries or any of its Non-Recourse Subsidiaries for the purpose of effecting any of the foregoing, provided that, in the case of any Non-Recourse Subsidiary, it shall not be a Default or Event of Default under this Section 10.05 unless the aggregate principal amount of all Indebtedness incurred by such Non-Recourse Subsidiary pursuant to Section 9.17 exceeds $15,000,000; or
Appears in 2 contracts
Samples: Credit Agreement (Gener8 Maritime, Inc.), Intercreditor Agreement (Gener8 Maritime, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries Specified Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Specified Subsidiary and the petition is not controverted within 10 days after service commencement of summons, the case; or an involuntary case is commenced against the Borrower or any Specified Subsidiary and the petition is not dismissed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Specified Subsidiary; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Specified Subsidiary; or there is commenced against the Parent Borrower or any of its Subsidiaries Specified Subsidiary any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries Specified Subsidiary makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Corning Consumer Products Co), Credit Agreement (Wki Holding Co Inc)
Bankruptcy, etc. The Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summonsthirty (30) days, or is not dismissed within 60 days, sixty (60) days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) to operate all or any substantial portion of the Parent business of the Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or the Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) or there is commenced against the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 dayssixty (60) days after the filing thereof, or the Parent Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Restricted Subsidiaries suffers (other than any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent Borrower or any of its Restricted Subsidiaries for the purpose of effecting (other than any Immaterial Subsidiary) authorizing any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Radio One, Inc.), Credit Agreement (Radio One, Inc.)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries or the Parent Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Material Subsidiaries and the petition is not controverted within 10 30 days after service of summons (or such longer period as may be provided by such summons), or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries, or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Material Subsidiaries or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Bankruptcy, etc. The Parent Any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or the Parent more Rigs or any of its Subsidiaries Credit Party or any Subsidiary which owns one or more Rigs commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction (other than as permitted pursuant to Section 10.02) whether now or hereafter in effect relating to the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs or there is commenced against the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs, any such proceeding which remains undismissed for a period of 60 days, or the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent any Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Credit Party or any of its Subsidiaries Subsidiary which owns one or more Rigs for its winding up or dissolution or the appointment of a liquidator of any of the Parent Credit Party or any of its SubsidiariesSubsidiary which owns one or more Rigs; or any corporate action is taken by the Parent any Credit Party or any of its Subsidiaries for the purpose of effecting Subsidiary which owns one or more Rigs authorizing any of the foregoing; or
Appears in 2 contracts
Samples: Management Agreement (Pacific Drilling S.A.), Management Agreement (Pacific Drilling S.A.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 thirty (30) days after service of summons (or such longer period as may be provided by such summons), or is not dismissed within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 sixty (60) days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Consolidated Delivery & Logistics Inc), Helicon Capital Corp
Bankruptcy, etc. The Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the business of Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Restricted Subsidiaries remains undischarged (other than an Immaterial Subsidiary) shall become unable, admit in writing its inability or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 2 contracts
Samples: Intercreditor Agreement (AdvancePierre Foods Holdings, Inc.), Term Loan Credit Agreement (AdvancePierre Foods Holdings, Inc.)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not stayed or dismissed within and remains in effect after 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Ace LTD)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence ---------------- com mence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” ”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary), and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary); or Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries such Subsidiary; or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary), any such proceeding which remains undismissed for a period of 60 days; or Holdings, or the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) suffers any appointment of any custodian custodian, receiver, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries (other than an Unrestricted Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Williams Scotsman International Inc)
Bankruptcy, etc. The Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”)) or any other applicable Debtor Relief Law; or an involuntary case is commenced against the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary), or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) commences any other proceeding Insolvency or Liquidation Proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation Debtor Relief Law or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary), or there is commenced against the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) any such proceeding Insolvency or Liquidation Proceeding which remains undismissed for a period of 60 sixty (60) days, or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case Insolvency or proceeding Liquidation Proceeding is entered; or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Holdings or any of its the Restricted Subsidiaries (other than any Immaterial Subsidiary) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Iridium Communications Inc.)
Bankruptcy, etc. The Parent Any Credit Party or any of its Subsidiaries shall commence a voluntary case concerning itself under any bankruptcy law of Chile or the Cayman Islands or any other jurisdiction or Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent such Credit Party or any of its Subsidiaries under any such laws, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 30 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent such Credit Party or any of its Subsidiaries Subsidiaries, or the Parent such Credit Party or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating re lating to the Parent such Credit Party or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent any Credit Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 30 days, or the Parent such Credit Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent such Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 30 days; or the Parent such Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent such Credit Party or any of its Subsidiaries remains undischarged shall generally not pay its debts as they become due or unstayed for there shall otherwise occur a period cesacion de pagos (within the meaning of 60 daysChilean or other applicable law); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent such Credit Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Any Loan Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent any Loan Party or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed dis missed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Loan Party or any of its Subsidiaries or the Parent any Loan Party or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Loan Party or any of its Subsidiaries or there is commenced against the Parent any Loan Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) any Loan Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) any Loan Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent (vii) any Loan Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any petition is presented (and in the case of a petition presented by a Person other than the Parent Loan Party or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days)shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Loan Party or any of its Subsidiaries for shall call a meeting of its winding up creditors with a view to arranging a composition or dissolution adjustment of its debts; or the appointment of a liquidator of (x) any of the Parent Loan Party or any of its SubsidiariesSubsidiaries shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Parent any Loan Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Credit Agreement (Stage Stores Inc)
Bankruptcy, etc. The Parent HMC or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent HMC or any of its Subsidiaries and the petition is consented to or acquiesced in by HMC or any of its Subsidiaries, is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 30 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent HMC or any of its Subsidiaries or the Parent HMC or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent HMC or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent HMC or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 30 days, or the Parent HMC or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and is not vacated or stayed within 30 days; or the Parent HMC or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 30 days; or the Parent HMC or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any partnership and/or corporate action is taken by the Parent HMC or any of its Subsidiaries for the purpose of effecting any of the foregoingforegoing (it being understood that the provisions of this Section 12.05 shall not apply to any Subsidiary of the U.S. Borrower who is a borrower (a) under Non-Recourse Indebtedness in aggregate principal amount of less than or equal to 1% of the Adjusted Total Assets or (b) under other Indebtedness equal to or less than $40,000,000 (or the Dollar Equivalent thereof) but the provisions of this Section 12.05 shall apply to each Significant Subsidiary and, at any time a Canadian Revolving Loan Borrower has any outstanding Canadian Revolving Loans, such Canadian Revolving Loan Borrower); or
Appears in 1 contract
Samples: Credit Agreement (Host Marriott L P)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries; or any such proceeding is commenced against (a) any Regulated Insurance Company which is engaged in the business of underwriting insurance and/or reinsurance in the United States, or (b) the Parent Borrower or any of its Subsidiaries or there is commenced against (other than (x) any Regulated Insurance Company described in the Parent or any of its Subsidiaries any immediately preceding clause (a)) to the extent such proceeding which is consented to by such Person, and in the case of either clause (a) or (b) remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (a) any Regulated Insurance Company which is engaged in the business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (b) the Parent Borrower or any of its Subsidiaries (other than any Regulated Insurance Company described in the immediately preceding clause (a)) suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Bankruptcy, etc. The Parent or any of its Subsidiaries ---------------- (excluding Insignificant Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries), or the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries), or there is commenced against the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries (excluding Insignificant Subsidiaries) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent occurrence of any of the following with --------------- respect to the Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries): (i) a court or governmental agency having jurisdiction in the premises shall commence enter a voluntary case concerning itself under Title 11 decree or order for relief in respect of the United States Code entitled “Bankruptcy,” as Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or any successor thereto (appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and (other than Insignificant Subsidiaries) or for any substantial part of its property or ordering the petition is not controverted within 10 days after service winding up or liquidation of summons, or is not dismissed within 60 days, after commencement of the caseits affairs; or a custodian (as defined ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than Insignificant Subsidiaries) and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Parent Borrower or any of its Subsidiaries commences any (other proceeding than Insignificant Subsidiaries) shall commence a voluntary case under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolutionapplicable bankruptcy, insolvency or liquidation or other similar law of any jurisdiction whether now or hereafter in effect relating effect, or consent to the Parent or any entry of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries an order for relief in an involuntary case under any such proceeding which remains undismissed for a period of 60 dayslaw, or consent to the Parent appointment or any taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it Person or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or make any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in iv) the case of a petition presented by a Person other than the Parent Borrower or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); (other than Insignificant Subsidiaries) shall admit in writing its inability to pay its debts generally as they become due or any order is made action shall be taken by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator such Person in furtherance of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; oraforesaid purposes.
Appears in 1 contract
Samples: Credit Agreement (Knoll Inc)
Bankruptcy, etc. (i) The Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or (ii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries or (iii) the Parent or any of its the Holdco Guarantors or any of their Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries or there is commenced against the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or (iv) the Parent or any of its the Holdco Guarantors or any of their Subsidiaries is adjudicated insolvent or bankrupt; or (v) any order of relief or other order approving any such case or proceeding is entered; or (vi) the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or (vii) the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or viii) any corporate action is taken by the Parent or any of its the Holdco Guarantors or any of Holdings’ Subsidiaries for the purpose of effecting any of the foregoing; or (ix) the appointment of a chapter 11 trustee or examiner with expanded powers in any of the Parent Bankruptcy Cases or the conversion of a Parent Bankruptcy Case into a case under chapter 7 of the Bankruptcy Code; or
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings, the Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed un-stayed for a period of 60 days; or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in taken by Holdings, the case of a petition presented by a Person other than the Parent Lead Borrower or any of its Restricted Subsidiaries remains undischarged (other than any Immaterial Subsidiary, whether or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries not so designated) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Revolving Credit Agreement (PAE Inc)
Bankruptcy, etc. The Parent Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Material Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Material Subsidiaries, or the Parent Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Material Subsidiaries, or there is commenced against the Parent Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Parent Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate 40208508 08131835 27 action is taken by the Parent Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Strip Coverage Liquidity and Security Agreement (Assured Guaranty LTD)
Bankruptcy, etc. The Parent US Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” ”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”)) or under any similar law of any jurisdiction; or an involuntary case is commenced against the Parent US Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 days, after commencement of the case; or a receiver or custodian (as defined in the Bankruptcy CodeCode or in any similar law of any jurisdiction) is appointed for, or takes charge of, all or substantially all of the property of the Parent US Borrower or any of its Subsidiaries Subsidiaries; or the Parent US Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent US Borrower or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent US Borrower or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent US Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent US Borrower or any of its Subsidiaries suffers any appointment of any receiver, custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent US Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent US Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; oror 151
Appears in 1 contract
Samples: Lease Agreement (Compass Minerals International Inc)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries shall --------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Subsidiaries, or the Parent Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Holdings or any of its Subsidiaries for the purpose of effecting authorizing any such Person to effect any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Nm Licensing LLC)
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of any obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Holdings, the Borrower and its Restricted Subsidiaries, or, except to the extent expressly permitted by Section 10.02, Holdings, the Borrower or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its Subsidiaries Restricted Subsidiaries, or there is commenced against Holdings, the Parent Borrower or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or Holdings, the Parent Borrower or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving is entered in any such case or proceeding is enteredproceeding; or Holdings, the Parent Borrower or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditorscreditors or admits in writing its inability to pay its debts as they become due; or any petition Company action is presented (and in taken by Holdings, the case of a petition presented by a Person other than the Parent Borrower or any of its Restricted Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting authorizing any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent (a)(x) A court shall enter a decree or order for relief in respect of any Credit Party or any of its Subsidiaries shall commence a voluntary (other than Non-Material Subsidiaries) in an involuntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled “Bankruptcy,” as or any applicable foreign, federal or state bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or any successor thereto (the “Bankruptcy Code”)order is not stayed; or (y) an involuntary case is commenced against the Parent any Credit Party or any of its Subsidiaries and (other than Non-Material Subsidiaries) under the petition is not controverted within 10 days after service of summonsBankruptcy Code or any applicable foreign, federal or is not dismissed within 60 daysstate bankruptcy, after commencement of the caseinsolvency or other similar law now or hereafter in effect; or a custodian (as defined decree or order of a court having jurisdiction in the Bankruptcy Code) is appointed forpremises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or takes charge of, all or substantially all of the property of the Parent other person having similar powers over any Credit Party or any of its Subsidiaries (other than Non-Material Subsidiaries), or the Parent over all or a substantial part of its property, shall have been entered; or an interim receiver, trustee or other custodian of any Credit Party or any of its Subsidiaries commences any (other proceeding under any reorganization, arrangement, adjustment than Non-Material Subsidiaries) for all or a substantial part of debt, relief of debtors, dissolution, insolvency or liquidation or similar law the property of any jurisdiction whether now or hereafter in effect relating to the Parent Credit Party or any of its Subsidiaries or there (other than Non-Material Subsidiaries) is commenced against involuntarily appointed, and the Parent or any continuance of its Subsidiaries any such proceeding which remains undismissed events referred to in clause (y) for a period of 60 days, days unless dismissed or the Parent bonded and stayed or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdischarged; or
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extender credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries Subsidiaries, to operate all or any substantial portion of the Parent business of Holdings or any of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Parent Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrowers or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrowers or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or the Parent Borrowers or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrowers or any of its Subsidiaries their respective Subsidiaries, or there is commenced against the Parent Borrowers or any of its their respective Subsidiaries any such proceeding which remains re- mains undismissed for a period of 60 days, or the Parent Borrowers or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding proceed- ing is entered; or the Parent Borrowers or any of its Subsidiaries their respective Subsidi- aries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrowers or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Furniture Brands International Inc)
Bankruptcy, etc. The Parent Holding, the Borrower or any of its Subsidiaries ---------------- shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holding, the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holding, the Parent Borrower or any of its Subsidiaries Subsidiaries; or Holding, the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holding, the Parent Borrower or any of its Subsidiaries such Subsidiary; or there is commenced against Holding, the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or Holding, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holding, the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holding, the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holding, the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Intercreditor Agreement (Jorgensen Earle M Co /De/)
Bankruptcy, etc. The Parent Such Borrower or any Subsidiary of its Subsidiaries such Borrower shall commence a voluntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto or any similar legislation in any other applicable jurisdiction (collectively, the “Bankruptcy Code”"BANKRUPTCY CODE"); or an involuntary case is commenced against the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower and the petition or application is not controverted contested within 10 days after service commencement of summons, the case; or an involuntary case is commenced against such Borrower or any Subsidiary of such Borrower and the petition or application is not dismissed within 60 days, 45 days after commencement of the case; or a receiver, trustee, liquidator, custodian (as defined in the Bankruptcy Code) or similar official is appointed for, or takes charge of, all or substantially all of the property of the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower or the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower itself; or there is commenced against the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower any such proceeding which that remains undismissed for a period of 60 45 days, ; or the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent such Borrower or any Subsidiary of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries such Borrower makes a general assignment for the benefit of creditors; , files under the Bankruptcy Act or any petition is presented (and in takes a similar action under the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its SubsidiariesBankruptcy Act; or any corporate or similar action is taken by the Parent such Borrower or any Subsidiary of its Subsidiaries such Borrower for the purpose of effecting any of the foregoing; oror such Borrower or any Subsidiary of such Borrower is unable to pay its debts as they fall due, or makes a general assignment for the benefit of or a composition with its creditors generally; or such Borrower or any Subsidiary of such Borrower takes any corporate or similar action or other steps are taken or legal proceedings are started for its winding-up, dissolution, administration or insolvent re-organization or for the appointment of a liquidator, administrator or administrative receiver of it.
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings, the Borrower or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Borrower or any of its their respective Subsidiaries or Holdings, the Parent Borrower or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Borrower or any of its their respective Subsidiaries or there is commenced against Holdings, the Parent Borrower or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Borrower or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Borrower or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Borrower or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by Holdings, the Parent Borrower or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” ", as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than one or the Parent more Immaterial Subsidiaries); or Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries); or there is commenced against the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) makes a general assignment for the benefit of creditors; or any petition corporate action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged (other than one or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its more Immaterial Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries ) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries such Subsidiary, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries Subsidiaries, or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 90 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orthen, and in any such event, and at any time thereafter, if any Event of Default shall then be continuing, any Lender may by written notice to Borrower, take any or all of the following actions, without prejudice to the rights of such Lender: (i) declare such Lender's commitment to make Loans pursuant to this Agreement terminated, and (ii) declare the principal and accrued interest of all Loans made by such Lender and the related Notes to be, whereupon the same shall become, forthwith due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by Borrower.
Appears in 1 contract
Bankruptcy, etc. Holdings, the The Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) ), receiver, receiver-manager, trustee, monitor is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) commences any other proceeding under any reorganization, bankruptcy, insolvency, arrangement, winding-up, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated), or there is commenced against Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) any such proceeding which remains undismissed for a period of 60 days, or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) suffers any appointment of any custodian custodian, receiver, receiver-manager, trustee, monitor or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Parent Lead Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary, whether or not so designated) makes a general assignment for the benefit of creditors; or any petition corporate, limited liability company or similar action is presented (and in taken by Holdings, the case of a petition presented by a Person other than the Parent Lead Borrower or any of its Restricted Subsidiaries remains undischarged (other than any Immaterial Subsidiary, whether or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries not so designated) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Revolving Credit Agreement (PAE Inc)
Bankruptcy, etc. The Parent US Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” ”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”)) or under any similar law of any jurisdiction; or an involuntary case is commenced against the Parent US Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons20 days, or is not dismissed within 60 days, after commencement of the case; or a receiver or custodian (as defined in the Bankruptcy CodeCode or in any similar law of any jurisdiction) is appointed for, or takes charge of, all or substantially all of the property of the Parent US Borrower or any of its Subsidiaries Subsidiaries; or the Parent US Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent US Borrower or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent US Borrower or any of its Subsidiaries any such proceeding which that remains undismissed for a period of 60 days, ; or the Parent US Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent US Borrower or any of its Subsidiaries suffers any appointment of any receiver, custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent US Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate Company action is taken by the Parent US Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Lease Agreement (Compass Minerals International Inc)
Bankruptcy, etc. The Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” ”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Holdings or any of its Subsidiaries (other than one or the Parent more Immaterial Subsidiaries); or Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries); or there is commenced against the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Holdings or any of its Subsidiaries (other than one or more Immaterial Subsidiaries) makes a general assignment for the benefit of creditors; or any petition corporate action is presented (and in the case of a petition presented taken by a Person other than the Parent Holdings or any of its Subsidiaries remains undischarged (other than one or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its more Immaterial Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries ) for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (RBS Global Inc)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries, or the Parent Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries (other than a liquidation or dissolution of a Subsidiary in accordance with Section 9.02(viii) or (xi)), or there is commenced against the Parent Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent corporate, limited liability company or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate similar action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Duratek Inc)
Bankruptcy, etc. The Parent Parent, the Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any 141 successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), to operate all or any substantial portion of the Parent business of Parent, the Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or Parent, the Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against Parent, the Parent Company or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or Parent, the Parent Company or any of its Restricted Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Parent, the Parent Company or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in Parent, the case of a petition presented by a Person other than the Parent Company or any of its Restricted Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of (other than an Immaterial Subsidiary) shall fail generally to pay its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoingdebts as they become due; or
Appears in 1 contract
Bankruptcy, etc. The Parent As used in this Section 9.1(f), "MATERIAL SUBSIDIARY" means any Subsidiary of the Borrower which (a) has total assets greater than or equal to 5% of total assets of the Borrower and its Subsidiaries determined on a consolidated basis or (b) has net earnings greater than or equal to 10% of the net earnings of the Borrower and its Subsidiaries determined on a consolidated basis (or any combination of Subsidiaries, which in the aggregate, for the term of this Agreement, have total assets greater than or equal to 5% of total assets of the Borrower and its Subsidiaries shall commence determined on a voluntary case concerning itself under Title 11 consolidated basis or have net earnings greater than or equal to 10% of the United States Code entitled “Bankruptcy,” as net earnings of the Borrower and its Subsidiaries determined on a consolidated basis). The occurrence of any of the following with respect to the Borrower or any Material Subsidiary (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any Material Subsidiary in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any successor thereto (the “Bankruptcy Code”)Material Subsidiary or for any substantial part of its property or ordering or winding up or liquidation of its affairs; or (ii) an involuntary case is commenced against the Parent or any of its Subsidiaries and the petition is not controverted within 10 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolutionapplicable bankruptcy, insolvency or liquidation or other similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent Borrower or any of its Subsidiaries any Material Subsidiary and such proceeding which petition remains undismissed unstayed and in effect for a period of 60 sixty (60) consecutive days; or (iii) the Borrower or any Material Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the Parent or any entry of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving in an involuntary case under any such case law, or proceeding is entered; consent to the appointment or the Parent taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or any similar official of its Subsidiaries suffers any appointment of any custodian or the like for it such Person or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or make any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in iv) the case of a petition presented by a Person other than the Parent Borrower or any of Material Subsidiary shall admit in writing its Subsidiaries remains undischarged or unstayed for a period of 60 days); inability to pay its debts generally as they become due or any order is made action shall be taken by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator such Person in furtherance of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; oraforesaid purposes.
Appears in 1 contract
Bankruptcy, etc. The Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 12. Should default be made by the Lessee in the payment of the United States Code entitled “Bankruptcy,” as now or hereafter in effectrental herein reserved, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent or any of its Subsidiaries part thereof, when and the petition is not controverted within 10 days after service of summonsas herein provided, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined should Lessee make default in the Bankruptcy Code) is appointed forperforming, fulfilling, keeping or takes charge of, all or substantially all of the property of the Parent or any of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator observing of any of the Parent Lessee's other covenant, conditions, provisions or agreements herein contained; or should a petition in bankruptcy be filed by the Lessee or should the Lessee be adjudged bankrupt or insolvent by any court or should a trustee or receiver in bankruptcy or a receiver of any property of the Lessee be appointed in any suit or proceeding by or against the Lessee or should the demised premises become vacant or [ILLEGIBLE] or should this lease by operation of law pass to any person other than the Lessee, or should the leasehold interest be levied on under execution, then and in any of such events the Lessor may, if the Lessor so desires, without demand of any kind or notice to the Lessee, or any other person at once declare this lease terminated, and the Lessor may re-enter said premises without any former notice or demand and hold and enjoy the same thenceforth as if these presents had not been made, without prejudice, however, to any right of its Subsidiaries; action or remedy of the Lessor in respect to any corporate action is taken breach by the Parent or any Lessee of its Subsidiaries for the purpose of effecting any of the foregoingcovenants herein contained. In case Lessor does not elect to take advantage of the right to terminate this lease conferred by the foregoing provision of this paragraph, the Lessor shall nevertheless have and Lessor is hereby expressly given the right to re-enter the said premies, with or without legal process, should any of the events hereinbefore specified take place or occur, and to remove the Lessee's signs, and all property and effects of the Lessee or other occupants of said premises, and if the Lessor so desires, to relet the said premises or any part thereof upon such terms, and to such person or persons and for such period or periods as may seem fit to the Lessor, and in case of such reletting, the Lessee shall be liable to the Lessor for the difference between the rents and payments herein reserved and agreed upon for the residue of the entire stipulated term of this lease and the net rent for such residue of the term realized by the Lessor by such reletting such net rent to be determined by deducting from the entire rent received by Lessor from such reletting the expenses of recovering possession, reletting, altering and repairing said premises and collecting rent therefrom; orand the Lessee hereby agrees to pay such deficiency each month as the same may accrue, the Lessee to pay to the Lessor within five (5) days after the expiration of each month during such residue of the term, the difference between the rent and payments for said month as fixed by this lease and the net amount realized by the Lessor from the premises during said month.
Appears in 1 contract
Samples: West Corp
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries; or any such proceeding is commenced against (a) any Regulated Insurance Company which is engaged in the business of underwriting insurance and/or reinsurance in the United States, or (b) the Parent Borrower or any of its Subsidiaries or there is commenced against (other than (x) any Regulated Insurance Company described in the Parent or any of its Subsidiaries any immediately preceding clause (a)) to the extent such proceeding which is consented to by such Person, and in the case of either clause (a) or (b) remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (a) any Regulated Insurance Company which is engaged in the business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (b) the Parent Borrower or any of its Subsidiaries (other than any Regulated Insurance Company described in the immediately preceding clause (a)) suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Endurance Specialty Holdings LTD)
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries; or any such proceeding is commenced against the Borrower or any of its Subsidiaries or there is commenced against the Parent or any of its Subsidiaries any such proceeding which and remains undismissed for a period of 60 days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or (a) any Regulated Insurance Company which is engaged in the Parent business of underwriting insurance and/or reinsurance in the United States suffers any appointment of any conservator or the like for it or any substantial part of its property, or (b) the Borrower or any of its Subsidiaries (other than any Regulated Insurance Company described in the immediately preceding clause (a)) suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Universal American Financial Corp)
Bankruptcy, etc. (i) The Parent Borrower or any of its Subsidiaries subsidiaries shall commence a voluntary case concerning itself the Borrower or any of its subsidiaries, as the case may be, under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); (ii) or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries subsidiaries, and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; (iii) or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries subsidiaries, or the Parent Borrower or any of its Subsidiaries subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries subsidiaries, as the case may be, or there is commenced against the Parent Borrower or any of its Subsidiaries subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries subsidiaries is adjudicated insolvent or bankrupt; (iv) or any order of relief or other order approving any such case or proceeding is entered; (v) or the Parent Borrower or any of its Subsidiaries subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its respective property to continue undischarged or unstayed for a period of 60 days; (vi) or the Parent Borrower or any of its Subsidiaries subsidiaries makes a general assignment for the benefit of creditors; (vii) or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent board of directors or stockholders of the Borrowers or any of its Subsidiaries subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Parent (i) Any Loan Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or (ii) an involuntary case is commenced against the Parent any Loan Party or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsdays, or is not dismissed within 60 days, after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent any Loan Party or any of its Subsidiaries or the Parent any Loan Party or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent any Loan Party or any of its Subsidiaries or there is commenced against the Parent any Loan Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the Parent (v) any Loan Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (vi) any Loan Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent (vii) any Loan Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any petition is presented (and in the case of a petition presented by a Person other than the Parent Loan Party or any of its Subsidiaries remains undischarged shall fail to pay, or unstayed for a period of 60 days)shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent Loan Party or any of its Subsidiaries for shall call a meeting of its winding up creditors with a view to arranging a composition or dissolution adjustment of its debts; or the appointment of a liquidator of (x) any of the Parent Loan Party or any of its SubsidiariesSubsidiaries shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Parent any Loan Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Parent Guarantor or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Guarantor or any of its Subsidiaries Subsidiaries, and the petition is not controverted within 10 days after service of summons30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Guarantor or any of its Subsidiaries Subsidiaries, or the Parent Guarantor or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Guarantor or any of its Subsidiaries Subsidiaries; or there is commenced against the Parent Guarantor or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Parent Guarantor or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered against the Guarantor or any of its Subsidiaries; or the Parent Guarantor or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Guarantor or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Guarantor or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Samples: Consumers Us Inc
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries ---------------- (other than an Immaterial Subsidiary) shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “"Bankruptcy,” " as now or hereafter here after in effect, or any successor thereto (the “"Bankruptcy Code”"); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) and the petition is not controverted within 10 days after service of summons15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter here after in effect relating to the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary), or there is commenced against the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) any such proceeding which remains undismissed for a period of 60 days, or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries (other than an Immaterial Subsidiary) for the purpose of effecting any of the foregoingfore going; or
Appears in 1 contract
Bankruptcy, etc. The Parent Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”); or an involuntary case is commenced against the Parent Borrower or any of its Subsidiaries and the petition is not controverted within 10 days after service of summonsten (10) days, or is not dismissed within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Parent Borrower or any of its Subsidiaries Subsidiaries; or the Parent Borrower or any of its Subsidiaries commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent Borrower or any of its Subsidiaries; or any such proceeding is commenced against the Borrower or any of its Subsidiaries or there is commenced against to the Parent or any of its Subsidiaries any extent such proceeding which is consented to by such Person, and remains undismissed for a period of 60 sixty (60) days, ; or the Parent Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Parent Borrower or any of its Subsidiaries suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 sixty (60) days; or the Parent Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any petition is presented (and in the case of a petition presented by a Person other than the Parent or any of its Subsidiaries remains undischarged or unstayed for a period of 60 days); or any order is made by any competent court for winding up, dissolution or the appointment of a liquidator; or any resolution is passed by any of the Parent or any of its Subsidiaries for its winding up or dissolution or the appointment of a liquidator of any of the Parent or any of its Subsidiaries; or any corporate action is taken by the Parent Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Usi Holdings Corp)
