Common use of Bankruptcy, etc Clause in Contracts

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 26 contracts

Samples: Revolving Credit Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp), Term Loan Credit Agreement (Atmos Energy Corp)

AutoNDA by SimpleDocs

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 sixty (60) consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 25 contracts

Samples: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 23 contracts

Samples: Term Loan Credit Agreement (PNM Resources Inc), Credit Agreement (Texas New Mexico Power Co), Credit Agreement (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any a Material Subsidiary of its Material Subsidiaries: such Borrower (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower 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 such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 22 contracts

Samples: Credit Agreement (Virginia Electric & Power Co), Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Consolidated Natural Gas Co/Va)

Bankruptcy, etc. The occurrence of any of the following with respect to the any Borrower or any of its Material Significant Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of its Material Significant Subsidiaries 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 any Borrower or any of its Material Significant Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the any Borrower or any of its Material Significant Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the any Borrower or any of its Material Significant Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the any Borrower or any of its Material Significant Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 11 contracts

Samples: Term Loan B Agreement (Brandywine Operating Partnership, L.P.), Agreement (Brandywine Operating Partnership, L.P.), Revolving Credit Agreement (Brandywine Operating Partnership Lp /Pa)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiariesfollowing: (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 a Material Subsidiary of its Material Subsidiaries the Borrower 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 a Material Subsidiary of its Material Subsidiaries the Borrower or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any a Material Subsidiary of its Material Subsidiaries the Borrower and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any a Material Subsidiary of its Material Subsidiaries the Borrower shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any a Material Subsidiary of its Material Subsidiaries the Borrower shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 11 contracts

Samples: Credit Agreement (Consolidated Natural Gas Co/Va), Credit Agreement (Consolidated Natural Gas Co/Va), Credit Agreement (Consolidated Natural Gas Co/Va)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Principal Subsidiaries: (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 of its Material Principal Subsidiaries 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 of its Material Principal Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Principal Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Principal Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Principal Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 9 contracts

Samples: Credit Agreement (WPS Resources Corp), Credit Agreement (WPS Resources Corp), Credit Agreement (Wisconsin Public Service Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower a Credit Party or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower a Credit Party or any of its Material Subsidiaries 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 sequestrator, administrator or similar official of the Borrower a Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of of, or an administrator in respect of, its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower a Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower a Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator sequestrator, administrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower a Credit Party or any of its Material Subsidiaries shall fail generally, or shall admit in writing its inability inability, to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Polaris Industries Inc/Mn), Revolving Credit Agreement (Polaris Industries Inc/Mn), Day Revolving Credit Agreement (Polaris Industries Inc/Mn)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any a Material Subsidiary of its Material Subsidiariessuch Borrower: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower 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 such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Virginia Electric & Power Co), Revolving Credit Agreement (Virginia Electric & Power Co)

Bankruptcy, etc. The occurrence Borrower shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of its creditors, (iii) commence a voluntary case under the U.S. Bankruptcy Code (as now or hereafter in effect) or any similar law of any applicable jurisdiction, (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts, or (v) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the U.S. Bankruptcy Code or any similar law of any applicable jurisdiction; or a proceeding or case shall be commenced, without the application or consent of the following with respect to Borrower, in any court of competent jurisdiction, seeking (x) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (y) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower or of all or any substantial part of its Material Subsidiaries: assets, or (iz) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for similar relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable law relating to bankruptcy, insolvency or other similar law now or hereafter in effectinsolvency, reorganization, winding-up, or appoint a receivercomposition or adjustment of debts, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains proceeding or case shall continue unstayed and in effect for a period of 60 consecutive 90 or more days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.or

Appears in 7 contracts

Samples: Credit Agreement (Mirant Corp), Credit Agreement (Mirant Corp), Credit Agreement (Mirant Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its such Material Subsidiaries Subsidiary in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its such Material Subsidiaries Subsidiary or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its such Material Subsidiaries Subsidiary and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its such Material Subsidiaries Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its such Material Subsidiaries Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 7 contracts

Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiariesa Significant 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 of its Material Subsidiaries a Significant 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 of its Material Subsidiaries a Significant Subsidiary or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries a Significant Subsidiary and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries a Significant Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries a Significant Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 6 contracts

Samples: Term Loan Agreement (Alabama Power Co), Bridge Credit Agreement (Southern Co), Multi Year Credit Agreement (Alabama Power Co)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries 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 any of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 5 contracts

Samples: Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc), Credit Agreement (Chattem Canada Holdings Inc)

Bankruptcy, etc. The occurrence If the Borrower shall commence any case, proceeding or other action under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of the following debtors, seeking to have an order for relief entered with respect to the Borrower it, or any (a) seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (b) seeking appointment of its Material Subsidiaries: (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcyreceiver, insolvency trustee, custodian 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 of its Material Subsidiaries for it or for all or any substantial part of its property assets, or order the winding up or liquidation Borrower shall make a general assignment for the benefit of its affairscreditors; or (iic) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is there shall be commenced against the Borrower any case, proceeding or any other action of its Material Subsidiaries and such petition remains unstayed and a nature referred to in effect for a period of 60 consecutive days; clause (a) or (iiib) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter above which (i) results in effect, or consent to the entry of an order for relief in an involuntary case under or any such law, adjudication or consent to the appointment or taking possession by (ii) remains undismissed, undischarged or unbonded for a receiverperiod of sixty (60) days; or (d) there shall be commenced against the Borrower any case, liquidatorproceeding or other action seeking issuance of a warrant of attachment, assigneeexecution, custodian, trustee, sequestrator distraint or similar official of such Person process against all or any substantial part of its property assets which results in the entry of an order for any such relief which shall not have been vacated, discharged, or make any general assignment for stayed or bonded pending appeal within 60 days from the benefit of creditorsentry thereof; or (ive) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or take any action shall be taken by such Person in furtherance of of, or indicating its consent to, approval of, or acquiescence in, any of the aforesaid purposesacts set forth in clause (a), (b), (c), or (d) above; all other amounts owing under this Agreement and the Note shall immediately become due and payable without the need for any notice or other action by the Lender.

Appears in 4 contracts

Samples: Credit Agreement (TRANS LUX Corp), Credit Agreement (TRANS LUX Corp), Credit Agreement (TRANS LUX Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material Subsidiaries 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 any Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 4 contracts

Samples: Credit Agreement (Brandywine Realty Trust), Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the such Borrower or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the such Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the such Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the such Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

Bankruptcy, etc. The occurrence of any PPL shall commence a voluntary case ---------------- concerning itself under Title 11 of the following with respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law United States Code entitled "Bankruptcy" as now or hereafter in effect is or any successor thereto (the "Bankruptcy Code"); or an involuntary case shall be commenced against PPL or such case shall be controverted but shall not be dismissed within 60 days after the Borrower commencement of the case; or PPL shall not generally be paying its debts as they become due; or a custodian (as defined in the Bankruptcy Code) shall be appointed for, or shall take charge of, all or substantially all of the property of PPL or PPL shall commence any other proceeding under any reorganization, arrangement, readjustment of its Material Subsidiaries and such petition remains unstayed and debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to PPL or there shall be commenced against PPL any such proceeding which remains undismissed for a period of 60 consecutive daysdays or PPL shall be adjudicated insolvent or bankrupt; or (iii) PPL shall fail to controvert in a timely manner any such case under the Borrower Bankruptcy Code or any such proceeding, or any order of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency relief or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under approving any such lawcase or proceeding shall be entered; or PPL by any act or failure to act shall indicate its consent to, approval of or consent to acquiescence in any such case or proceeding or in the appointment of any custodian or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person the like for it or any substantial part of its property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or PPL shall make any a general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any corporate action shall be taken by such Person in furtherance PPL for the purpose of effecting any of the aforesaid purposes.foregoing; or

Appears in 3 contracts

Samples: PPL Electric Utilities Corp, Pp&l Resources Inc, Pp&l Inc

Bankruptcy, etc. The occurrence of any of the following with respect to the a Borrower or any of its a Material Subsidiaries: Subsidiary (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the a Borrower or any of its a Material Subsidiaries 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 a Borrower or any of its a Material Subsidiaries Subsidiary or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the a Borrower or any of its a Material Subsidiaries Subsidiary and such petition remains unstayed and in effect for a period of 60 90 consecutive days; or (iii) the a Borrower or any of its a Material Subsidiaries Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the a Borrower or any of its a Material Subsidiaries Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Credit Agreement (Duke Energy Field Services LLC), Day Credit Agreement (Duke Energy Field Services LLC), Day Credit Agreement (Duke Energy Field Services LLC)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material Subsidiaries 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 any Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 sixty (60) consecutive days; or (iii) the Borrower any Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Brandywine Realty Trust), Term Loan Credit Agreement (Brandywine Operating Partnership Lp /Pa), Term Loan Credit Agreement (Brandywine Operating Partnership Lp /Pa)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Credit Agreement (Riddell Sports Inc), Credit Agreement (Sports & Recreation Inc), Credit Agreement (Varsity Spirit Corporation)

Bankruptcy, etc. (i) The occurrence Borrower or any of its Significant Subsidiaries shall commence any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of the following debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its assets, or the Borrower or any of its Material Subsidiaries: (i) Significant Subsidiaries shall make a court or governmental agency having jurisdiction in general assignment for the premises shall enter a decree or order for relief in respect of the Borrower or any benefit of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairscreditors; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is there shall be commenced against the Borrower or any of its Material Significant Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcycase, insolvency proceeding or other similar law now or hereafter action of a nature referred to in effect, or consent to clause (i) above which (x) results in the entry of an order for relief in an involuntary case under or any such law, adjudication or consent to the appointment or taking possession by (y) remains undismissed, undischarged or unbonded for a receiverperiod of 60 days; or (iii) there shall be commenced against the Borrower or any of its Significant Subsidiaries any case, liquidatorproceeding or other action seeking issuance of a warrant of attachment, assigneeexecution, custodian, trustee, sequestrator distraint or similar official of such Person process against all or any substantial part of its property assets which results in the entry of an order for any such relief which shall not have been vacated, discharged, or make any general assignment for stayed or bonded pending appeal within 60 days from the benefit of creditorsentry thereof; or (iv) the Borrower or any of its Material Significant Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or take any action shall be taken by such Person in furtherance of of, or indicating its consent to, approval of, or acquiescence in, any of the aforesaid purposes.acts set forth in clause (i), (ii), or (iii) above; or

Appears in 3 contracts

Samples: Hubbell Incorporated Credit Agreement (Hubbell Inc), Assignment and Assumption (Hubbell Inc), Term Loan Agreement (Hubbell Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material SubsidiariesDomestic 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 of its Material Subsidiaries such Domestic 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 sequestrator, administrator or similar official of the Borrower or any of its Material Subsidiaries such Domestic Subsidiary or for any substantial part of its property Property or order ordering the winding up or liquidation of of, or an administrator in respect of, its affairs; or , (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries Domestic Subsidiary and such petition remains unstayed and in effect for a period of 60 consecutive days; or , (iii) the Borrower or any of its Material Subsidiaries Domestic Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator sequestrator, administrator or similar official of such Person or any substantial part of its property Property or make any general assignment for the benefit of creditors; creditors or (iv) the Borrower or any of its Material Subsidiaries Domestic Subsidiary shall fail generally, or shall admit in writing its inability inability, to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its a Material SubsidiariesSubsidiary: (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 of its a Material Subsidiaries 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 of its a Material Subsidiaries Subsidiary or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its a Material Subsidiaries Subsidiary and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its a Material Subsidiaries Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its a Material Subsidiaries Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Dominion Energy, Inc), Day Term Loan Credit Agreement (Dominion Energy, Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the (i) Any Borrower or any of its Material Subsidiaries: Significant Subsidiaries shall commence any case, proceeding or other action (iA) a court under any existing or governmental agency having jurisdiction in the premises shall enter a decree future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief in entered with respect to it, or seeking to adjudicate it bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of the a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its assets, or any Borrower or any of its Material Significant Subsidiaries in an involuntary case under shall make a general assignment for the benefit of its creditors; or (ii) there shall be commenced against 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 of its Material Significant Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcycase, insolvency proceeding or other similar law now or hereafter action of a nature referred to in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and clause (i) above which (x) results in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under or any such law, adjudication or consent to the appointment or taking possession by (y) remains undismissed, undischarged or unbonded for a receiverperiod of 60 days; or (iii) there shall be commenced against any Borrower or any of its Significant Subsidiaries any case, liquidatorproceeding or other action seeking issuance of a warrant of attachment, assigneeexecution, custodian, trustee, sequestrator distraint or similar official of such Person process against all or any substantial part of its property assets which results in the entry of an order for any such relief which shall not have been vacated, discharged, or make any general assignment for stayed or bonded pending appeal within 60 days from the benefit of creditorsentry thereof; or (iv) the any Borrower or any of its Material Significant Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or take any action shall be taken by such Person in furtherance of of, or indicating its consent to, approval of, or acquiescence in, any of the aforesaid purposes.acts set forth in clause (i), (ii), or (iii) above; or

Appears in 2 contracts

Samples: Credit Agreement (Hubbell Inc), Credit Agreement (Hubbell Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction juris diction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (Covance Inc), Credit Agreement (Covance Inc)

Bankruptcy, etc. The occurrence (i) Any ICG Party shall commence any case, proceeding or other action (a) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of the following debtors, seeking to have an order for relief entered with respect to the Borrower it, or any seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (b) seeking appointment of its Material Subsidiaries: (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcyreceiver, insolvency trustee, custodian or other similar law now official for it or hereafter in effectfor all or substantially all of its assets, or appoint any ICG Party shall make a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of general assignment for the Borrower or any benefit of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairscreditors; or (ii) an involuntary case under there shall be commenced against any applicable bankruptcyICG Party any case, insolvency proceeding or other similar law now or hereafter action of a nature referred to in effect is commenced against clause (i) above that (a) results in the Borrower entry of any order for relief or any of its Material Subsidiaries such adjudication or appointment, and such petition (b) remains unstayed and in effect undismissed, undischarged or unbonded for a period of 60 consecutive ninety (90) days; or (iii) the Borrower there shall be commenced against any ICG Party any case, proceeding or any other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or substantially all of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter assets that results in effect, or consent to the entry of an order for relief in an involuntary case under any such lawrelief that shall not have been vacated, discharged, stayed, satisfied or consent to bonded pending appeal within ninety (90) days from the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditorsentry thereof; or (iv) the Borrower any ICG Party shall generally not, or any of its Material Subsidiaries shall be unable to, or shall admit in writing its inability to to, pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.due;

Appears in 2 contracts

Samples: Loan Agreement (Icg Holdings Inc), Loan Agreement (Icg Holdings Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or such Person Subsidiary or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries 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 any of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.. (g)

Appears in 2 contracts

Samples: Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (PNM Resources), Credit Agreement (PNM Resources Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material Subsidiaries 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 any Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Term Credit Agreement (Brandywine Realty Trust), Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence of any PPL shall commence a vol- untary case concerning itself under Title 11 of the following with respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law United States Code entitled "Bankruptcy" as now or hereafter in effect is or any successor thereto (the "Bankruptcy Code"); or an involuntary case shall be commenced against PPL or such case shall be controverted but shall not be dismissed within 60 days after the Borrower commencement of the case; or PPL shall not generally be paying its debts as they become due; or a custodian (as defined in the Bankruptcy Code) shall be appointed for, or shall take charge of, all or substantially all of the property of PPL or PPL shall commence any other proceeding under any reorganization, arrangement, readjustment of its Material Subsidiaries and such petition remains unstayed and debt, relief of debtors, dissolution, insol- vency or liquidation or similar law of any jurisdiction whe- ther now or hereafter in effect relating to PPL or there shall be commenced against PPL any such proceeding which remains undismissed for a period of 60 consecutive daysdays or PPL shall be adjudicated insolvent or bankrupt; or (iii) PPL shall fail to controvert in a timely manner any such case under the Borrower Bankruptcy Code or any such proceeding, or any order of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency relief or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under approving any such lawcase or proceeding shall be entered; or PPL by any act or failure to act shall indicate its consent to, approval of or consent to acquiescence in any such case or proceeding or in the appointment of any custodian or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person the like for it or any substantial part of its property or shall suffer any such appointment to continue undischarged or unstayed for a period of 60 days; or PPL shall make any a general assignment for the benefit of creditorscredi- tors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any corporate action shall be taken by such Person in furtherance PPL for the purpose of effecting any of the aforesaid purposes.foregoing; or

Appears in 2 contracts

Samples: Pp&l Inc, Pp&l Resources Inc

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material their Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material their Subsidiaries 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 any Credit Party or any of its Material their Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material their Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material their Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material their Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (Medical Staffing Network Holdings Inc), Credit Agreement (Medical Staffing Network Holdings Inc)

Bankruptcy, etc. The occurrence of (a) Any Obligor shall admit in writing its inability to, or be generally unable to, pay its debts as such debts become due; (b) any of the following with respect to the Borrower or any of its Material SubsidiariesObligor shall: (i) a court apply for or governmental agency having jurisdiction in consent to the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effectappointment of, or appoint the taking of possession by, a receiver, liquidator, assignee, custodian, trustee, sequestrator examiner, síndico, liquidator or similar official Person of the Borrower itself or any of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person all or any substantial part of its property or Property; (ii) make any a general assignment for the benefit of its creditors; (iii) file a petition seeking to take advantage of any Applicable Law relating to bankruptcy, insolvency, reorganization, recuperação judicial ou extrajudicial, liquidation, falência, dissolution, arrangement or winding up or composition or readjustment of debts; or (iv) take any corporate action for the Borrower or any purpose of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of effecting any of the aforesaid purposes.foregoing; or (c) a proceeding or case shall be commenced against any Obligor, without its application or consent, seeking: (i) its reorganization, liquidation, dissolution, arrangement or winding up, or the composition or readjustment of its debts; (ii) the appointment of a receiver, custodian, trustee, examiner, síndico, liquidator or similar Person of it or of all or any substantial part of its Properties; or (iii) similar relief in respect of it under any Applicable Law relating to bankruptcy, insolvency, reorganization, recuperação judicial ou extrajudicial, liquidation, falência, dissolution or winding up or composition or adjustment of debts, and such proceeding or case shall continue undismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue unstayed and in effect, for a period of 90 or more days;

Appears in 2 contracts

Samples: Security Agreement (Gerdau Ameristeel Corp), Credit Agreement (Gerdau Ameristeel Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower Parent Guarantor or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Parent Guarantor or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower Parent Guarantor or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower Parent Guarantor or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower Parent Guarantor or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower Parent Guarantor or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (PNM Resources Inc), Term Loan Credit Agreement (PNM Resources Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable 42 bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Revolving Credit Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding winding-up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Lease (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of any of the following with respect to the any Borrower or any of its Material Significant Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of its Material Significant Subsidiaries 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 any Borrower or any of its Material Significant Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the any Borrower or any of its Material Significant Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the any Borrower or any of its Material Significant Subsidiaries shall commence a voluntary case under any applicable 71 bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the any Borrower or any of its Material Significant Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan C Agreement (Brandywine Operating Partnership, L.P.)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material their Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material their Subsidiaries 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 any Credit Party or any of its Material their Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material their Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material their Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, 91 liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material their Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Medical Staffing Network Holdings Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to Holdings, the Borrower or any of its Material their Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Holdings, Borrower or any of its Material their Subsidiaries 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 any of Holdings, the Borrower or any of its Material their Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against Holdings, the Borrower or any of its Material their Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) Holdings, the Borrower or any of its Material their Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) Holdings, the Borrower or any of its Material their Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or is not generally paying its debts as they become due; or (v) Holdings, the Borrower or any of their Subsidiaries shall take any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Ivex Packaging Corp /De/)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiariesfollowing: (i) a --------------- court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material Subsidiaries 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 any Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Davel Communications Inc)

AutoNDA by SimpleDocs

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material Subsidiaries 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 any Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence Borrower or any Relevant Subsidiary shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (ii) make a general assignment for the benefit of its creditors; (iii) commence a voluntary case under the U.S. Bankruptcy Code (as now or hereafter in effect) or any similar law of any applicable jurisdiction; (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; or (v) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the following with respect to U.S. Bankruptcy Code or any similar law of any applicable jurisdiction; or a proceeding or case shall be comenced, without the application or consent of the Borrower or any of its Material Relevant Subsidiaries: , in any court of competent jurisdiction, seeking (iA) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (B) the appointment of a court trustee, receiver, custodian, liquidator or governmental agency having jurisdiction in the premises shall enter a decree like of the Borrower or order for such Relevant Subsidiary (as applicable) or of all or any substantial part of its assets; or (C) similar relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case such Relevant Subsidiary (as applicable) under any applicable law relating to bankruptcy, insolvency or other similar law now or hereafter in effectinsolvency, reorganization, winding-up, or appoint a receivercomposition or adjustment of debts, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains proceeding or case shall continue unstayed and in effect for a period of 60 consecutive ninety (90) or more days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.or

Appears in 1 contract

Samples: Credit Agreement (Southern Power Co)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency insolvency, receivership, liquidation, administrative supervision or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Integrated Living Communities Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any 39 applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Bridge Credit Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence Borrower or any Relevant Subsidiary shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (ii) make a general assignment for the benefit of its creditors; (iii) commence a voluntary case under the U.S. Bankruptcy Code (as now or hereafter in effect) or any similar law of any applicable jurisdiction; (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; or (v) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the following with respect to U.S. Bankruptcy Code or any similar law of any applicable jurisdiction; or a proceeding or case shall be commenced, without the application or consent of the Borrower or any of its Material Relevant Subsidiaries: , in any court of competent jurisdiction, seeking (iA) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts; (B) the appointment of a court trustee, receiver, custodian, liquidator or governmental agency having jurisdiction in the premises shall enter a decree like of the Borrower or order for such Relevant Subsidiary (as applicable) or of all or any substantial part of its assets; or (C) similar relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case such Relevant Subsidiary (as applicable) under any applicable law relating to bankruptcy, insolvency or other similar law now or hereafter in effectinsolvency, reorganization, winding-up, or appoint a receivercomposition or adjustment of debts, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains proceeding or case shall continue unstayed and in effect for a period of 60 consecutive ninety (90) or more days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.or

Appears in 1 contract

Samples: Credit Agreement (Southern Power Co)

Bankruptcy, etc. The occurrence of any of the following with respect to the a Borrower or any of its a Material Subsidiaries: Subsidiary (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the a Borrower or any of its a Material Subsidiaries 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 a Borrower or any of its a Material Subsidiaries Subsidiary or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the a Borrower or any of its a Material Subsidiaries Subsidiary and such petition remains unstayed and in effect for a period of 60 90 consecutive days; or (iii) the a Borrower or any of its a Material Subsidiaries Subsidiary shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.make

Appears in 1 contract

Samples: Day Credit Agreement (Duke Energy Field Services LLC)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Jumbosports Inc)

Bankruptcy, etc. The occurrence Of Obligor. (i) Obligor shall commence any --------------------------- case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or other relief of the following debtors, seeking to have an order for relief entered with respect to the Borrower it, or any of its Material Subsidiaries: (i) seeking to adjudicate it a court bankrupt or governmental agency having jurisdiction in the premises shall enter a decree insolvent, or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcyseeking reorganization, insolvency arrangement, adjustment, winding-up, liquidation, dissolution, composition or other similar law now relief with respect to it or hereafter in effectits debts, or appoint (B) seeking appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator conservator, custodian or other similar official of the Borrower or any of its Material Subsidiaries for it or for all or any substantial part of its property assets, or order Obligor shall make a general assignment for the winding up or liquidation benefit of its affairscreditors (collectively, "Proceeding"); or (ii) an involuntary case under there shall be commenced against ---------- Obligor any applicable bankruptcyProceeding of a nature referred to in clause (i) above which (A) results either in the entry of a judgment, insolvency decree or other similar law now order for relief ("Order") or hereafter an appointment and any such Order or appointment remains ----- undismissed in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect a manner reasonably satisfactory to Holder ("Undismissed") for a ----------- period of 60 consecutive days; the foregoing shall include the commencement against Obligor of any Proceeding seeking issuance of a warrant of attachment, execution, distraint or similar process against all of any substantial part of its assets which results in the entry of an Order for any such relief which remains Undismissed in a manner reasonably satisfactory to Holder for 60 days; or (iii) the Borrower Obligor takes any action substantially in furtherance of or expressly indicating its consent to, approval of or acquiescence in, any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency the acts set forth in clause (i) or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors(ii) above; or (iv) the Borrower Obligor shall generally not be able to, or any of its Material Subsidiaries shall expressly admit in writing its inability to to, pay its debts generally as they the become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.due;

Appears in 1 contract

Samples: Negotiable Promissory Note and Agreement (UC Hub Group Inc)

Bankruptcy, etc. The occurrence of any of the following with --------------- respect to the Borrower or any of its Material Subsidiaries: (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any a Material Subsidiary of its Material Subsidiaries: such Borrower (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower 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 such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the such Borrower or any a Material Subsidiary of its Material Subsidiaries such Borrower shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.Borrower

Appears in 1 contract

Samples: Credit Agreement (Dominion Resources Inc /Va/)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material such Subsidiaries 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 of its Material such Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material such Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material such Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material such Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Fruit of the Loom Inc /De/)

Bankruptcy, etc. The occurrence of any of the following with respect to the (i) Either Borrower or any of its Material Subsidiaries: Significant Subsidiaries shall commence any case, proceeding or other action (iA) a court under any existing or governmental agency having jurisdiction in the premises shall enter a decree future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief in entered with respect to it, or seeking to adjudicate it bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of the a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its assets, or either Borrower or any of its Material Significant Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency shall make a general assignment for the benefit of its creditors; or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the (ii) there shall be commenced against either Borrower or any of its Material Significant Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcycase, insolvency proceeding or other similar law now or hereafter action of a nature referred to in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and clause (i) above which (x) results in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under or any such law, adjudication or consent to the appointment or taking possession by (y) remains undismissed, undischarged or unbonded for a receiverperiod of 60 days; or (iii) there shall be commenced against either Borrower or any of its Significant Subsidiaries any case, liquidatorproceeding or other action seeking issuance of a warrant of attachment, assigneeexecution, custodian, trustee, sequestrator distraint or similar official of such Person process against all or any substantial part of its property assets which results in the entry of an order for any such relief which shall not have been vacated, discharged, or make any general assignment for stayed or bonded pending appeal within 60 days from the benefit of creditorsentry thereof; or (iv) the either Borrower or any of its Material Significant Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or take any action shall be taken by such Person in furtherance of of, or indicating its consent to, approval of, or acquiescence in, any of the aforesaid purposes.acts set forth in clause (i), (ii), or (iii) above; or

Appears in 1 contract

Samples: Credit Agreement (Hubbell Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: the Credit Parties (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 of its Material Subsidiaries the Credit Parties 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 of its Material Subsidiaries the Credit Parties or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries the Credit Parties and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries the Credit Parties shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries the Credit Parties shall admit in writing its inability to pay its debts generally as they become due or any action (excluding for purposes hereof, the seeking of legal advice) shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Delta & Pine Land Co)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower a Credit Party or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower a Credit Party or any of its Material Subsidiaries 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 sequestrator, administrator or similar official of the Borrower a Credit Party or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of of, or an administrator in respect of, its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower a Credit Party or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower a Credit Party or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator sequestrator, administrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower a Credit Party or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Dispatch Management Services Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to --------------- the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries 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 any of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Chattem Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower Any Credit Party or any of its Material Subsidiaries: (i) a court or governmental agency having jurisdiction in Subsidiaries --------------- or, so long as the premises CST Guaranty shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter be in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of CST shall generally not pay its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and debts as such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effectdebts become due, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due generally, or shall make a general assignment for the benefit of creditors; or any action proceeding shall be taken instituted by or against any Credit Party, any of its Subsidiaries or, so long as the CST Guaranty shall be in effect, CST seeking to adjudicate it a bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, administration, relief, or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, administrator, examiner or other similar official for it or for any substantial part of its property and, in the case of any such Person proceeding instituted against it (but not instituted by it) that is being diligently contested by it in furtherance good faith, either such proceeding shall remain undismissed or unstayed for a period of 30 days or any of the aforesaid purposes.actions sought in such proceeding (including, without limitation, the entry of an order for relief against, or the appointment of a receiver, trustee, administrator, custodian or other similar official for, it or any substantial part of its property) shall occur; or any Credit Party, any of its Subsidiaries or, so long as the CST Guaranty shall be in effect, CST shall take any corporate action to authorize any of the actions set forth above in this Section 9.05; or

Appears in 1 contract

Samples: Credit Agreement (Modus Media International Holdings Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower Parent or any of its Material Subsidiaries: Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Parent or any of its Material Subsidiaries 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 Parent or any of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower Parent or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower Parent or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower Parent or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Gerber Childrenswear Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiariesthe Guarantor: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor 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, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan Agreement (Dominion Midstream Partners, LP)

Bankruptcy, etc. The occurrence of any xxxi)The obligations of the following with respect to Guarantors hereunder shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any case or proceeding, voluntary or involuntary, involving the Borrower bankruptcy, insolvency, receivership, reorganization, liquidation, arrangement or any of its Material Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect similar proceeding of the Borrower or any of its Material Subsidiaries in an involuntary case under other Guarantor or by 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 defense that the Borrower or any other Guarantor may have by reason of its Material Subsidiaries the order, decree or for decision of any substantial part court or administrative body resulting from any such proceeding. Each Guarantor acknowledges and agrees that any interest on any portion of its property the Obligations that accrues after the commencement of any case or proceeding referred to in Section 7.9(a) (or, if interest on any portion of the Obligations ceases to accrue by operation of law by reason of the commencement of such case or proceeding, such interest as would have accrued on such portion of the Obligations if such case or proceeding had not been commenced) shall be included in the Obligations because it is the intention of the Guarantors and the Secured Parties that the Obligations that are guaranteed by the Guarantors pursuant to this Section 7 should be determined without regard to any rule of law or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcythat may relieve Holdings, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any other Subsidiary of its Material Subsidiaries and any portion of any Obligations. The Guarantors will permit any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar Person to pay to the Administrative Agent, for the benefit of the Secured Parties, or allow the claim of any Secured Party or of the Administrative Agent, for the benefit of the Secured Parties, in respect of, any such petition remains unstayed and in effect for a period interest accruing after the date on which such case or proceeding is commenced. In the event that all or any portion of 60 consecutive days; or (iii) the Obligations are paid by Holdings, the Borrower or any other Subsidiary, the obligations of its Material Subsidiaries the Guarantors under this Section 7 shall commence continue and remain in full force and effect or be reinstated, as the case may be (notwithstanding any prior release of any Obligations Guarantee), in the event that all or any part of such payment(s) are rescinded or recovered directly or indirectly from any Secured Party as a voluntary case under any applicable bankruptcypreference, insolvency fraudulent transfer or other similar law now conveyance or hereafter in effecttransfer at undervalue or otherwise, or consent to the entry of an order for relief in an involuntary case under and any such law, payments that are so rescinded or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment recovered shall constitute Obligations for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposesall purposes hereunder.

Appears in 1 contract

Samples: Term Credit and Guaranty Agreement (PetIQ, Inc.)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries 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 of its Material Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiariesthe Guarantor: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor 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, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or affairs; (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor and such petition remains unstayed and in effect for a period of 60 consecutive days; or days; (iii) the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; creditors; or (iv) the Borrower, a Material Subsidiary of the Borrower or any of its Material Subsidiaries the Guarantor shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan Agreement

Bankruptcy, etc. The occurrence Neither the Junior Agent nor Junior Creditor will commence or join with any other creditor or creditors of any Company in commencing any bankruptcy, reorganization or insolvency proceedings against such Company. At any general meeting of creditors of such Company or in the event of any proceeding, voluntary or involuntary, for the distribution, division or application of all or part of the following with respect to assets of such Company or the Borrower proceeds thereof, whether such proceeding be for the liquidation, dissolution or any winding up of such Company or its Material Subsidiaries: (i) business, 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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcyreceivership, insolvency or other similar law now or hereafter in effectbankruptcy proceeding, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; creditors or a proceeding by or against such Company for relief under any bankruptcy, indebtedness, reorganization, arrangement, composition or extension or otherwise, if all Senior Debt has not been indefeasibly paid in full in cash at the time, (ivi) the Borrower Junior Creditor, or the Junior Agent on its behalf, may demand, but only the Senior Agent may collect until all such Senior Debt shall have been paid in full in cash, any amount from such Company or from any other person, and neither the Junior Agent nor the Junior Creditor may set off or otherwise discharge any part of the Junior Claims; and (ii) the Senior Agent is hereby irrevocably authorized on behalf of the Junior Agent and the Junior Creditor at any such meeting or in any such proceeding to collect any assets of such Company distributed, divided or applied by way of dividend or payment, or any such securities issued, on account of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due the Junior Claims and apply the same, or any action shall be taken by such Person in furtherance the proceeds of any realization upon the same that the holders of the aforesaid purposesSenior Debt in their discretion elect to effect, to Senior Debt until all such Senior Debt shall have been indefeasibly paid in full in cash, rendering any surplus then remaining to the Junior Creditor or its representative, as the Junior Creditor shall direct or as otherwise may be required by law or by agreement of all creditors of such Company.

Appears in 1 contract

Samples: Intercreditor Agreement (Talk America)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: (i) Borrower (a) commences a court voluntary case under the federal bankruptcy laws (as now or governmental agency having jurisdiction hereafter in the premises shall enter effect); (b) files a decree petition seeking to take advantage of any other laws, domestic or order foreign relating to bankruptcy, insolvency, reorganization, winding up or composition for relief adjustment of debts; (c) consents to or fails to contest in respect of the a timely and appropriate manner any petition filed against Borrower or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency such bankruptcy laws or other similar law now laws; (d) applies for or hereafter in effectconsents to, or appoint fails to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, liquidator, assignee, custodian, trustee, sequestrator trustee or similar official liquidator of the Borrower or any of its Material Subsidiaries or for any a substantial part of its property property, domestic or order the winding up or liquidation of foreign; (e) admits in writing its affairsinability to pay its debts as they become due; or (iif) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for makes a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (ivg) takes any formal corporate action for the purpose of effecting any of the foregoing; or (ii) (x) a case or other proceeding is commenced against Borrower in any court of competent jurisdiction seeking relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts; or (y) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due all or any action substantial part of the assets, domestic or foreign, of the Borrower, and, with respect to clauses (x) and (y) hereof, such case, proceeding or appointment shall continue undismissed or unstayed for a period of sixty (60) consecutive calendar days, or (iii) an order granting the relief requested in the case, proceeding or appointment referred to in clauses (ii)(x) and (ii)(y) above (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be taken by such Person in furtherance of any of the aforesaid purposes.entered; or

Appears in 1 contract

Samples: Loan Agreement (United Foods Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries: Subsidiaries (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 of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of its their property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 sixty (60) consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law Debtor Relief Law 50 now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such any Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan Agreement (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of (a) Any Obligor shall admit in writing its inability to, or be generally unable to, pay its debts as such debts become due; (b) any of the following with respect to the Borrower or any of its Material SubsidiariesObligor shall: (i) a court apply for or governmental agency having jurisdiction in consent to the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effectappointment of, or appoint the taking of possession by, a receiver, liquidator, assignee, custodian, trustee, sequestrator examiner, síndico, liquidator or similar official Person of the Borrower itself or any of its Material Subsidiaries or for any substantial part of its property or order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person all or any substantial part of its property or Property; (ii) make any a general assignment for the benefit of its creditors; (iii) file a petition seeking to take advantage of any Applicable Law relating to bankruptcy, insolvency, reorganization, recuperação judicial ou extrajudicial, liquidation, falência, dissolution, arrangement or winding up or composition or readjustment of debts; or (iv) take any corporate action for the Borrower or any purpose of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of effecting any of the aforesaid purposes.foregoing; or (c) a proceeding or case shall be commenced against any Obligor, without its application or consent, seeking: (i) its reorganization, liquidation, dissolution, arrangement or winding up, or the composition or readjustment of its debts; (ii) the appointment of a receiver, custodian, trustee, examiner, síndico, liquidator or similar Person of it or of all or any substantial part of its Properties; or (iii) similar relief in respect of it under any Applicable Law relating to bankruptcy, insolvency, Gerdau Export and Working Capital Agreement reorganization, recuperação judicial ou extrajudicial, liquidation, falência, dissolution or winding up or composition or adjustment of debts, and such proceeding or case shall continue undismissed, or an order, judgment or decree approving or ordering any of the foregoing shall be entered and continue unstayed and in effect, for a period of 90 or more days;

Appears in 1 contract

Samples: Security Agreement (Gerdau Ameristeel Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Principal Subsidiaries: (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 of its Material Principal Subsidiaries 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 of its Material Principal Subsidiaries or for any substantial part of its property or order ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Principal Subsidiaries and such petition remains unstayed and in effect for a period of 60 consecutive days; or (iii) the Borrower or any of its Material Principal Subsidiaries shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Principal Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by such Person in furtherance of any of the aforesaid purposes.. 66

Appears in 1 contract

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.