Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 8 contracts
Samples: Credit Agreement (Infousa Inc), Credit Agreement (Infousa Inc), Credit Agreement (Scot Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiaries or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Subsidiaries or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Pledge and Security Agreement (Genco Shipping & Trading LTD), Credit Agreement (General Maritime Corp/), Credit Agreement (General Maritime Corp/)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (Inacom Corp), Credit Agreement (Inacom Corp), Credit Agreement (Therma Wave Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 daysdays after service of summons, or is not dismissed within 60 daysdays after service of summons, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 6 contracts
Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)
Bankruptcy, etc. The Borrower Company or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Subsidiaries, or the Borrower Company or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Subsidiaries, or there is commenced against the Borrower Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Omnova Solutions Inc), Loan Credit Agreement (Omnova Solutions Inc), Term Loan Credit Agreement (Omnova Solutions Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Town Sports International Inc), Credit Agreement (Penhall Co)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate Company action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
Bankruptcy, etc. The A Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code")) ; or an involuntary case is commenced against the Borrower or any of its Subsidiariesa Borrower, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesa Borrower, or the a Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction Jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiariessuch Borrower, or there is commenced against the a Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the a Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the a Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the a Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the a Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Sierra Prime Income Fund), Credit Agreement (Sierra Prime Income Fund), Credit Agreement (Sierra Prime Income Fund)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Nuco2 Inc /Fl), Credit Agreement (Nash Finch Co), Credit Agreement (RCN Corp /De/)
Bankruptcy, etc. The Holdings, the Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against Holdings, the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any of its Subsidiaries; or Holdings, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any of its Subsidiaries, ; or there is commenced against Holdings, the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days; or Holdings, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or Holdings, the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings, the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Term Loan Agreement (Universal Outdoor Holdings Inc), Consolidation And (Universal Outdoor Inc), Credit Agreement (Universal Outdoor Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, days after commencement of the casefiling thereof; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, to operate all or any substantial portion of the business of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 4 contracts
Samples: Credit Agreement (Lee Enterprises, Inc), Junior Intercreditor Agreement (Lee Enterprises, Inc), Intercompany Subordination Agreement (Lee Enterprises, Inc)
Bankruptcy, etc. The Borrower Company or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower Company or any of its Material Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Material Subsidiaries, or the Borrower Company or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Material Subsidiaries, or there is commenced against the Borrower Company or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Company or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Five Year Credit Agreement (Sealed Air Corp/De), Credit Agreement (Sealed Air Corp/De), Credit Agreement (Sealed Air Corp/De)
Bankruptcy, etc. The Any Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the any Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any of its Subsidiaries, or the any Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the any Borrower or any of its Subsidiaries, or there is commenced against the any Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the any Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the any Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the any Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Silgan Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Bankruptcy, etc. The Borrower Any Credit Party or any of its respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its respective Subsidiaries, ; or the Borrower any Credit Party or any of its respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its respective Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its respective Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Styling Technology Corp), Credit Agreement (Wheels Sports Group Inc), Credit Agreement (Styling Technology Corp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiaries or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Subsidiaries or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Security Agreement (Iasis Healthcare Corp), Credit Agreement (Iasis Healthcare Corp), Southwest General Hospital Lp
Bankruptcy, etc. The Borrower Company or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Restricted Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Restricted Subsidiaries, ; or the Borrower Company or any of its Restricted Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Restricted Subsidiaries, ; or there is commenced against the Borrower Company or any of its Restricted Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Restricted Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Restricted Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Restricted Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any of its Restricted Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Western Empire Publications Inc), Credit Agreement (Western Empire Publications Inc), Credit Agreement (Tsecrp Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Any Credit Party shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within for a period of 60 consecutive days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Subsidiaries, ; or the Borrower any Credit Party or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 consecutive days, ; or the Borrower any Credit Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and continues unstayed for a period of 60 consecutive days; or the Borrower any Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 consecutive days; or the Borrower any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Ivax Corp /De), Credit Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall ---------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Pacer Express Inc), Credit Agreement (Building One Services Corp), Credit Agreement (NRT Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Omniquip International Inc), Credit Agreement (Omniquip International Inc), And (Omniquip International Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Material Subsidiaries, ; or the Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate Company action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc), Credit Agreement (Fairpoint Communications Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Ambac Financial Group Inc), Credit Agreement (RAM Holdings Ltd.), Credit Agreement (RAM Holdings Ltd.)
Bankruptcy, etc. The Borrower Company or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any of its Material Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Material Subsidiaries, or the Borrower Company or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Material Subsidiaries, or there is commenced against the Borrower Company or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Company or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Sealed Air Corp/De), Global Revolving Credit Agreement (Sealed Air Corp/De)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 daysdays after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiaries or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Subsidiaries or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Bankruptcy, etc. (i) The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or (ii) an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 ten (10) days, or is not dismissed within 60 thirty (30) days, after commencement of the case; or a (iii) custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the Collateral or other property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of for debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 thirty (30) days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Borrower is adjudicated insolvent or any of its Subsidiaries bankrupt; or (vi) the Borrower suffers any appointment of any custodian or the like for it its or any substantial part of its property to continue undischarged or unstayed for a period of 60 thirty (30) days; or (vii) the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) the Borrower shall fail to pay, or shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) the Borrower shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debts; or (x) the Borrower shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or.
Appears in 2 contracts
Samples: Loan and Security Agreement (Natural Gas Vehicle Systems Inc), Natural Gas Vehicle Systems Inc
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall ---------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Sylvan Learning Systems Inc), Credit Agreement (Idt Corp)
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, receivership, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian custodian, administrator, administrative receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Alpine Group Inc /De/)
Bankruptcy, etc. (i) The Borrower or any of its ---------------- Subsidiaries shall commence a voluntary case concerning itself any case, proceeding or other action (A) under Title 11 any existing or future law of the United States Code entitled "Bankruptcy," as now any jurisdiction, domestic or hereafter in effectforeign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or any successor thereto 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 (the "Bankruptcy Code"); B) seeking appointment of a receiver, trustee, custodian, conservator or an involuntary case is commenced against the Borrower other similar official for it or for all or any substantial part of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesassets, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to shall make a general assignment for the Borrower or any benefit of its Subsidiaries, creditors; or (ii) there is shall be commenced against the Borrower or any of its Subsidiaries any such case, proceeding which remains undismissed or other action of a nature referred to in clause (i) above that (A) results in the entry of an order for a period of 60 days, or the Borrower relief or any of its Subsidiaries such adjudication or appointment which is adjudicated insolvent not vacated, dismissed or bankrupt; stayed pending appeal within 60 days or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue (B) remains undismissed, undischarged or unstayed unbonded for a period of 60 days; or (iii) there shall be commenced against the Borrower or any of its Subsidiaries makes any case, proceeding or other action seeking issuance of a general assignment for the benefit warrant of creditors; attachment, execution, distraint or similar process against all or any corporate action is taken by substantial part of its assets that results in the entry of an order for any such relief that shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof, or (iv) the Borrower or any of its Subsidiaries for the purpose of effecting shall take any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoingacts set forth in clause (i), (ii), or (iii) above; or
Appears in 2 contracts
Samples: Credit Agreement (Wyndham International Inc), Registration Rights Agreement (Wyndham International Inc)
Bankruptcy, etc. The Borrower Any Credit Party or any of its Material ---------------- Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," ", as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Material Subsidiaries, ; or the Borrower any Credit Party or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its Material Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Graphic Controls Corp), Credit Agreement (Graphic Controls Corp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Material Subsidiary shall --------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Material Subsidiaries, ; or the Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Assignment Agreement (MJD Communications Inc), Credit Agreement (MJD Communications Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Any Credit Party shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower Parent or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Parent or any of its Subsidiaries, ; or the Borrower Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Parent or any of its Subsidiaries, ; or there is commenced against the Borrower Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 90 days, ; or the Borrower Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Borrower Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Note Purchase Agreement (Stonemor Partners Lp), Note Purchase Agreement (Stonemor Partners Lp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Waters Corp /De/), Credit Agreement (Waters Corp /De/)
Bankruptcy, etc. The Borrower Company or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Subsidiaries, ; or the Borrower Company or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Subsidiaries, ; or there is commenced against the Borrower Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Revolving Credit Agreement (Superior Telecom Inc), Reducing Revolving Credit Agreement (Di Industries Inc)
Bankruptcy, etc. The Borrower Borrowers or any of its their respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Borrowers or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Borrowers or any of its their respective Subsidiaries, or the Borrower Borrowers or any of its their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Borrowers or any of its their respective Subsidiaries, or there is commenced against the Borrower Borrowers or any of its their respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Borrowers or any of its their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Borrowers or any of its their respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Borrowers or any of its their respective Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Borrowers or any of its their respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," ", as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)
Bankruptcy, etc. The Borrower Parent or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Parent or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 days, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Parent or any of its Material Subsidiaries, or the Borrower Parent or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Parent or any of its Material Subsidiaries, or there is commenced against the Borrower Parent or any of its Material Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Borrower Parent or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Parent or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Parent or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Parent or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Hq Global Holdings Inc), Credit Agreement (Frontline Capital Group)
Bankruptcy, etc. The Borrower Any Credit Party or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ”, as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 ten days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Material Subsidiaries, ; or the Borrower any Credit Party or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its Material Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of at least 60 days, ; or the Borrower any Credit Party or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of at least 60 days; or the Borrower any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Pike Electric CORP), Credit Agreement (Pike Electric CORP)
Bankruptcy, etc. The Borrower Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any material subsidiary of its Subsidiaries Validus Re shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, such Person and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any such Person or any such Person commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator or liquidator (collectively, a "conservator") of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Borrower any such Person; or any of its Subsidiaries, or there such proceeding is commenced against the Borrower any such Person and such proceeding is not dismissed within 60 days; or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries Person is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries such Person suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries such Person for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Facility Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case ---------------- concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its SubsidiariesBorrower, ---------------- and the petition is not controverted within 10 daysBusiness Days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its SubsidiariesBorrower, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its SubsidiariesBorrower, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (Wireless Facilities Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy CodeBANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, their respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiaries or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Subsidiaries or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Pca Valdosta Corp)
Bankruptcy, etc. The Borrower Any Credit Party or any Material Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower any Credit Party or any Material Subsidiary of its Subsidiariesthe Company, and the petition is not controverted within 10 days, or is not dismissed within 60 daysdays after the filing thereof, after commencement provided, however, that during the pendency of the casesuch period, each Lender shall be relieved of its obligation to extend credit hereunder; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any Material Subsidiary of its Subsidiariesthe Company, to operate all or any substantial portion of the business any Credit Party or any Material Subsidiary of the Company, or the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company or any other Person commences any other proceeding under or takes any corporate action or other steps in relation to any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, bankruptcy, insolvency or liquidation any analogous procedure or similar law of step is taken in any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any Material Subsidiary of its Subsidiariesthe Company (including, without limitation, under any Canadian Insolvency Law), or there is commenced against the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 daysdays after the filing thereof, or the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company is adjudicated or deemed under applicable law insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; (including the entry of an order of relief against it or for the Borrower or any of its Subsidiaries suffers any appointment of any a receiver, controller, receiver-manager, trustee, monitor, custodian or the like similar official for it or for any substantial part of its property to continue undischarged or unstayed for a period of 60 daysproperty) is entered; or the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or any corporate Business action is taken by the Borrower any Credit Party or any Material Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Ciena Corp), Abl Credit Agreement (Ciena Corp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days20 days after service of summons, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiaries or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, Subsidiaries or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: General Maritime Corp/, Credit Agreement (Genco Shipping & Trading LTD)
Bankruptcy, etc. The (i) Borrower or any of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or (ii) an involuntary case is commenced against the Borrower or any of its Subsidiaries, the Company and the petition is not controverted within 10 thirty (30) days, or is not dismissed within 60 sixty (60) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesthe Company, or the Borrower or any of its Subsidiaries the Company commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiariesthe Company, or there is commenced against the Borrower or any of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 sixty (60) days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or the (v) Borrower or any of its Subsidiaries the Company is adjudicated insolvent or bankrupt; or (vi) Borrower or the Company suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the (vii) Borrower or any of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or (viii) Borrower or the Company shall fail to pay, or shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) Borrower or the Company shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debt; or (x) Borrower or the Company shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate or partnership action is taken by the Borrower or any of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or.
Appears in 2 contracts
Samples: Credit Agreement (Agree Realty Corp), Line of Credit Agreement (Agree Realty Corp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Hughes Electronics Corp), Credit Agreement (RCN Corp /De/)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 daysdays (it is acknowledged and agreed that during the cure period for any such involuntary proceeding, the Lenders shall have no obligation to extend new Loans or issue new Letters of Credit), or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or the Borrower or any Subsidiary becomes unable or admits in writing its inability or fails generally to pay its debts as they become due; or
Appears in 2 contracts
Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (First Horizon Pharmaceutical Corp)
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Gleason Corp /De/), Security Agreement (Vestar Capital Partners Iv Lp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or the Borrower or any of its Subsidiaries shall be generally not paying its debts as such debts become due or shall admit in writing its inability to pay its debts generally; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Security Agreement (Emcore Corp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction jurisdic tion whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Sitel Corp
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or the Borrower or any of its Subsidiaries shall become unable, admit in writing its inability or fail generally to pay its debts as they become due; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its SubsidiariesSubsidiaries (including, but not limited to, in the case of the Captive Insurance Company, Article 74 of the New York Insurance Law), or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate corporate, limited liability company or similar action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Town Sports International Holdings Inc)
Bankruptcy, etc. (i) The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); (ii) or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; (iii) or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or (iv) there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 consecutive days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (v) any order of relief or other order approving any such case or proceeding is entered; or (vi) the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 consecutive days; or (vi) the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or (viii) any corporate corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting authorizing any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, Subsidiaries or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 1O days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; , or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Autotote Corp)
Bankruptcy, etc. The US Borrower or any of its Subsidiaries ---------------- shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the US Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the US Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the US Borrower or any of its Subsidiaries, ; or there is commenced against the US Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the US Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving any such case or proceeding is entered; or the US Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the US Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the US Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankruptBankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Semiconductor Packaging Materials Co Inc)
Bankruptcy, etc. The Borrower Parent or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Parent or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Parent or any of its Subsidiaries, ; or the Borrower Parent or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Parent or any of its Subsidiaries, ; or there is commenced against the Borrower Parent or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Parent or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Parent or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Aearo CO I)
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall ---------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within or discharged, with in 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 30 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, Subsidiaries or the Borrower Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 30 days, or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is enteredentered and is not vacated or stayed within 30 days; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged undis- charged or unstayed for a period of 60 30 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any partnership and/or corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Any Credit Party or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code")) or any other similar Debtor Relief Law; or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Subsidiaries, ; or the Borrower any Credit Party or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its Subsidiaries suffers any appointment of any custodian custodian, administrator or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate Company action is taken by the Borrower any Credit Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," ", as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Material Subsidiaries, ; or the Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. (i) The Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or (ii) an involuntary case is commenced against the Borrower Borrower, the Partnership, or any of its Subsidiaries, the REIT and the petition is not controverted contested within 10 sixty (60) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; case or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its SubsidiariesBorrower, the Partnership, the REIT, or the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT commences any other proceeding proceedings under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its SubsidiariesBorrower, the Partnership, the REIT or there is commenced against the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT any such proceeding which remains undismissed for a period of 60 ninety (90) days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or (iv) any order of relief or other order approving any such case or proceeding is entered; or (v) the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT is adjudicated insolvent or bankrupt; or (vi) the Borrower, the Partnership, or the REIT suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 ninety (90) days; or (vii) the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT, makes a general assignment for the benefit of creditors; or (viii) the Borrower, the Partnership, or the REIT shall fail to pay, or shall state that it is unable to pay, or shall be unable to pay, its debts generally as they become due; or (ix) the Borrower, or the Partnership, the REIT shall call a meeting of its creditors with a view to arranging a composition or adjustment of its debt; or (x) the Borrower, the Partnership, or the REIT shall by any corporate act or failure to act consent to, approve of or acquiesce in any of the foregoing; or (xi) any corporate, partnership or limited liability company action is taken by the Borrower Borrower, the Partnership, or any of its Subsidiaries the REIT for the purpose of effecting any of the foregoing; or.
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction jurisdic tion whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries Subsidi aries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue con tinue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Sitel Corp)
Bankruptcy, etc. The Any Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the any Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the any Borrower or any of its Subsidiaries, ; or there is commenced against the any Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the any Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving any such case or proceeding is entered; or the any Borrower or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the any Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries --------------- shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (NRT Inc)
Bankruptcy, etc. The Any Borrower or any of its Subsidiaries shall --------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the any Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any bankruptcy, reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the any Borrower or any of its Subsidiaries, ; or there is commenced against the any Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the any Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any an order of for relief or other order approving any such case or proceeding is entered; or the any Borrower or any of its Subsidiaries suffers any appointment of any custodian custodian, receiver, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the any Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the any Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy CodeBANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Material Subsidiaries, ; or the Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate Company action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The (i) If the Borrower or any of its Restricted Subsidiaries shall commence a voluntary case concerning itself any case, proceeding or other action (A) under Title 11 any existing or future law of the United States Code entitled "Bankruptcy," as now any jurisdiction, domestic or hereafter in effectforeign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator or other similar official for it or for all or any successor thereto (substantial part of its assets, the "Bankruptcy Code")Borrower or any of its Restricted Subsidiaries shall make a general assignment for the benefit of its creditors; or an involuntary case is (ii) there shall be commenced against the Borrower or any of its SubsidiariesRestricted Subsidiaries any case, and proceeding or other action of a nature referred to in clause (i) above that (A) results in the petition is not controverted within 10 entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of forty-five (45) days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Codeiii) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is shall be commenced against the Borrower or any of its Restricted Subsidiaries any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets that results in the entry of an order for any such proceeding which remains undismissed for a period of 60 daysrelief that shall not have been vacated, discharged, or stayed or bonded pending appeal within forty-five (45) days from the entry thereof, or (iv) the Borrower or any of its Restricted Subsidiaries is adjudicated insolvent shall take any action in furtherance of, or bankruptindicating its consent to, approval of, or acquiescence in, any of the acts set forth in clause (i) (ii) or (iii) above; or any order of relief or other order approving any such case or proceeding is entered; or (v) the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orRestricted
Appears in 1 contract
Samples: Loan Agreement (Organic Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary --------------- case concerning itself such Person under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its SubsidiariesBorrower, --------------- and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its SubsidiariesBorrower, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its SubsidiariesBorrower, or there is commenced against the Borrower or any of its Subsidiaries Borrower, any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it the Borrower or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any personal, corporate action or partnership action, as the case may be, is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement Credit Agreement (Yes Entertainment Corp)
Bankruptcy, etc. The Borrower Finance Co. or any of its Subsidiaries Resources shall commence a ---------------- voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is shall be commenced against the Borrower Finance Co. or any of its Subsidiaries, and the petition is Resources or such case shall be controverted but shall not controverted within 10 days, or is not be dismissed within 60 days, days after the commencement of the case; or Finance Co. or Resources shall not generally be paying its debts as they become due; or a custodian (as defined in the Bankruptcy Code) is shall be appointed for, or takes shall take charge of, all or substantially all of the property of the Borrower Finance Co. or any of its Subsidiaries, Resources or the Borrower Finance Co. or any of its Subsidiaries commences Resources shall commence any other proceeding under any reorganization, arrangement, adjustment readjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Finance Co. or any of its Subsidiaries, Resources or there is shall be commenced against the Borrower Finance Co. or any of its Subsidiaries Resources any such proceeding which remains undismissed for a period of 60 days, days or the Borrower Finance Co. or any of its Subsidiaries is Resources shall be adjudicated insolvent or bankrupt; or Finance Co. or Resources shall fail to controvert in a timely manner any such case under the Bankruptcy Code or any such proceeding, or any order of relief or other order approving any such case or proceeding is shall be entered; or Finance Co. or Resources by any act or failure to act shall indicate its consent to, approval of or acquiescence in any such case or proceeding or in the Borrower or any of its Subsidiaries suffers any appointment of any custodian or 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; Finance Co. or the Borrower or any of its Subsidiaries makes Resources shall make a general assignment for the benefit of creditors; or any corporate action is shall be taken by the Borrower Finance Co. or any of its Subsidiaries Resources for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Pp&l Resources Inc
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy CodeBANKRUPTCY CODE"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 15 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, ; or the Borrower Holdings or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, ; or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Aearo Corp)
Bankruptcy, etc. (i) The Borrower Company or any Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under the Bankruptcy Code in Title 11 of the United States Code entitled "Bankruptcy," (as now amended, modified, succeeded or hereafter in effectreplaced, or any successor thereto (from time to time, the "Bankruptcy Code"); or (ii) an involuntary case is commenced against the Borrower Company or any Subsidiary of its Subsidiaries, the Company under the Bankruptcy Code and the petition is not controverted within 10 days, or is not dismissed within 60 days, 90 days after commencement of the case; or (iii) a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, of all or substantially all of the property of the Borrower Company or any Subsidiary of its Subsidiaries, the Company; or (iv) the Borrower Company or any Subsidiary of its Subsidiaries the Company commences any other proceeding under any reorganization, arrangement, adjustment of the debt, relief of debtorscreditors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any Subsidiary of its Subsidiaries, the Company; or (v) there is commenced against the Borrower Company or any Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed for a period of 60 days, 90 days after commencement of such proceeding; or (vi) the Borrower Company or any Subsidiary of its Subsidiaries the Company is adjudicated insolvent or bankrupt; or (vii) any order of relief or other order approving any such case or proceeding is entered; or (viii) the Borrower Company or any Subsidiary of its Subsidiaries the Company suffers any appointment of any custodian or the like for it or for any substantial part of its property to continue undischarged and such appointment continues unchanged or unstayed for a period of 60 days90 days after commencement of such appointment; or (ix) the Borrower Company or any Subsidiary of its Subsidiaries the Company makes a general assignment for the benefit of creditors; or (x) any corporate action corporate, partnership or trust action, as applicable, is taken by the Borrower Company or any Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Debenture Purchase Agreement (Rockefeller Center Properties Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall ---------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate corporate, limited liability company or similar action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Manitowoc Co Inc)
Bankruptcy, etc. The Any Borrower or any Subsidiary of its Subsidiaries FSA shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the any Borrower or any Subsidiary of its SubsidiariesFSA, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the any Borrower or any Subsidiary of its SubsidiariesFSA, or the Borrower FSA or any Subsidiary of its Subsidiaries FSA commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower FSA or any Subsidiary of its SubsidiariesFSA, or there is commenced against the Borrower FSA or any Subsidiary of its Subsidiaries FSA any such proceeding which remains undismissed or unstayed for a period of 60 days, or the Borrower FSA or any Subsidiary of its Subsidiaries FSA is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower FSA or any Subsidiary of its Subsidiaries FSA suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower FSA or any Subsidiary of its Subsidiaries FSA makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower FSA or any of its Subsidiaries Subsidiary of FSA for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Financial Security Assurance Holdings LTD)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences (or is required by law to commence) any other proceeding proceeding, or is deemed insolvent, under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Acknowledgment and Assumption Agreement (Vestar Capital Partners Iv Lp)
Bankruptcy, etc. The Borrower Any Credit Party or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ”, as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, Material Subsidiaries and the 50 petition is not controverted within 10 ten days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Material Subsidiaries, ; or the Borrower any Credit Party or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its Material Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Company, any Designated Subsidiary Account Party, any Regulated Insurance Company or any of its Subsidiaries Significant Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, such Person and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any such Person or any such Person commences (including by way of its Subsidiariesapplying for or consenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, administration, liquidation, rehabilitation, supervision, 4849-0866-3397v978 #4849-0866-3397v1 conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to the Borrower any such Person; or any of its Subsidiaries, or there such proceeding is commenced against the Borrower any such Person and such proceeding is not dismissed within 60 days; or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries Person is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries such Person suffers any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries such Person for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries the Equity Sponsor shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, the Equity Sponsor and the petition is not controverted within 10 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiariesthe Equity Sponsor, or the Borrower or any of its Subsidiaries the Equity Sponsor commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiariesthe Equity Sponsor, or there is commenced against the Borrower or any of its Subsidiaries the Equity Sponsor any such proceeding which remains undismissed for a period of 60 90 days, or the Borrower or any of its Subsidiaries the Equity Sponsor is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries the Equity Sponsor suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Borrower or any of its Subsidiaries the Equity Sponsor makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries the Equity Sponsor for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, effect or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition such case is not controverted within 10 days, or but is not dismissed within 60 days, days after the commencement of the case; or the Borrower is not generally paying its debts as they become due; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding proceedings under any reorganization, arrangement, adjustment readjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law laws of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, days or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or the Borrower fails to controvert in a timely manner any such case under the Bankruptcy Code or any such proceeding, or any order of relief or other order approving any such case or proceeding is entered; or the Borrower by any act or failure to act indicates its consent to, approval of or acquiescence in any of its Subsidiaries suffers any such case or proceeding or in the appointment of any custodian or the like for it its or any substantial part of its property or suffers any such appointment to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Neodata or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Neodata or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Neodata or any of its Subsidiaries, or the Borrower Neodata or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Neodata or any of its Subsidiaries, or there is commenced against the Borrower Neodata or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower Neodata or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Neodata or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Neodata or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Neodata or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code")Debtor Relief Law; or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower; or the Borrower commences (including by way of applying for or any of its Subsidiariesconsenting to the appointment of, or the Borrower taking of possession by, a rehabilitator, receiver, custodian, trustee, administrator, administrative receiver, conservator or liquidator (collectively, a "conservator"), of itself or all or any substantial portion of its Subsidiaries commences property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation insolvency, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction (including, without limitation, the Bermuda Companies Law) whether now or hereafter in effect relating to the Borrower Borrower; or any of its Subsidiaries, or there such proceeding is commenced against the Borrower or any of its Subsidiaries any to the extent such proceeding which is not consented to by the Borrower and remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers consents to any appointment of any custodian conservator or the like for it or any substantial part of its property to continue which continues undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Facility Agreement (Arch Capital Group Ltd.)
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Ubiquitel Inc)
Bankruptcy, etc. The Borrower Any Credit Party or any of its respective Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled 88 -82- "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, respective Subsidiaries and the petition is not timely controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its respective Subsidiaries, ; or the Borrower any Credit Party or any of its respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its respective Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its respective Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of for relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its respective Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its respective Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its respective Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Material Subsidiaries, ; or the Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Material Subsidiaries, ; or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Company or any Subsidiary of its Subsidiaries the Company shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any Subsidiary of its Subsidiariesthe Company, and the petition is not controverted within 10 ten (10) days, or is not dismissed or discharged within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any Subsidiary of its Subsidiariesthe Company, or the Borrower Company or any Subsidiary of its Subsidiaries the Company commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any Subsidiary of its Subsidiariesthe Company, or there is commenced against the Borrower Company or any Subsidiary of its Subsidiaries the Company any such proceeding which remains undismissed or undischarged for a period of 60 sixty (60) days, or the Borrower Company or any Subsidiary of its Subsidiaries the Company is adjudicated insolvent or bankruptbank- rupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any Subsidiary of its Subsidiaries the Company suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Borrower Company or any Subsidiary of its Subsidiaries the Company makes a general assignment assign- ment for the benefit of creditors; or any corporate action is taken by the Borrower Company or any Subsidiary of its Subsidiaries the Company for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ”, as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Material Subsidiaries, or the Borrower or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Material Subsidiaries, or there is commenced against the Borrower or any of its Material Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries Any Credit Party shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its Subsidiaries, ; or the Borrower any Credit Party or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its Subsidiaries, ; or there is commenced against the Borrower any Credit Party or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower any Credit Party or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence commences a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 ten (10) days, or is not dismissed within 60 ninety (90) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its SubsidiariesBorrower, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or insolvency, liquidation or similar law of any jurisdiction jurisdiction, whether now or hereafter in effect relating to the Borrower or any of its Subsidiarieseffect, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 ninety (90) days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of for relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any the appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 ninety (90) days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or the Borrower takes any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing. Upon the occurrence of any Event of Default specified in this Section 6, Lender may (i) by written notice to the Borrower declare the Commitment to be terminated whereupon the Commitment shall be immediately terminated; orand (ii) declare all sums then owing by Borrower hereunder and under the Revolving Note to be immediately due and payable, whereupon all such sums shall become and be immediately due and payable without presentment, demand or protest or other notice of any kind, all of which are hereby expressly waived by Borrower. In case of any occurrence of any Event of Default described in Section 6.3, the outstanding principal balance of the Revolving Note, together with accrued interest thereon, shall become due and payable immediately without the requirement of any such acceleration or request, and without presentment, demand, protest or other notice of any kind, all of which are expressly waived by Borrower, any provisions of this Agreement or the Revolving Note to the contrary notwithstanding, and other amounts payable by Borrower hereunder shall become immediately due and payable all without notice of any kind.
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 30 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 30 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; orunstayed
Appears in 1 contract
Samples: Credit Agreement (Interlake Corp)
Bankruptcy, etc. The Borrower or any of its Subsidiaries Any Credit Party shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "“Bankruptcy," ” as now or hereafter in effect, or any successor thereto (the "“Bankruptcy Code"”); or an involuntary case is commenced against the Borrower Partnership or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 90 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Partnership or any of its Subsidiaries, ; or the Borrower Partnership or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Partnership or any of its Subsidiaries, ; or there is commenced against the Borrower Partnership or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 90 days, ; or the Borrower Partnership or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Partnership or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 90 days; or the Borrower Partnership or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Partnership or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the infoUSA Amended and Restated Credit Agreement Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Infousa Inc)
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall ---------------- commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Bank ruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 20 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue con tinue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Alliance Imaging of Michigan Inc)
Bankruptcy, etc. The Borrower Apria or any of its Material Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Apria or any of its Subsidiaries, Material Subsidiaries and the petition is not controverted within 10 ten days, or is not dismissed or discharged, within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Apria or any of its Material Subsidiaries, or the Borrower Apria or any of its Material Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction jurisdiction, whether now or hereafter in effect relating to the Borrower Apria or any of its Material Subsidiaries, or there is commenced against the Borrower Apria or any of its Material Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 days, or the Borrower Apria or any of its Material Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Apria or any of its Material Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Apria or any of its Material Subsidiaries makes a general assignment for the benefit of creditors; , or any corporate action is taken by the Borrower Apria or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Any Credit Party or any of its their Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower any Credit Party or any of its their Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower any Credit Party or any of its their Subsidiaries, or the Borrower any Credit Party or any of its their Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency insolvency, receivership, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower any Credit Party or any of its their Subsidiaries, or there is commenced against the Borrower any Credit Party or any of its their Subsidiaries any such proceeding which remains undismissed for a period of 60 days, or the Borrower any Credit Party or any of its their Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower any Credit Party or any of its their Subsidiaries suffers any appointment of any custodian custodian, administrator, administrative receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower any Credit Party or any of its their Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower any Credit Party or any of its their Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, ; or the Borrower or any of its Subsidiaries commences any other proceeding under any reorganization, bankruptcy, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiaries, ; or there is commenced against the Borrower or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Either Borrower, the Guarantor or any of its Subsidiaries Material Subsidiary shall commence a voluntary case concerning itself under Title 11 of the United States Bankruptcy Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against either Borrower, the Borrower Guarantor or any of its SubsidiariesMaterial Subsidiary, and the petition is not controverted within 10 days, or is not dismissed within 60 days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of either Borrower, the Borrower Guarantor or any of its SubsidiariesMaterial Subsidiary; or either Borrower, or the Borrower Guarantor or any of its Subsidiaries Material Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to such Borrower, the Borrower Guarantor or any of its Subsidiaries, such Material Subsidiary; or there is commenced against either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary any such proceeding which remains undismissed for a period of 60 days; or either Borrower, or the Borrower Guarantor or any of its Subsidiaries Material Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary suffers any appointment of any custodian or the like for it or any substantial part all or substantially all of its property to continue undischarged or unstayed for a period of 60 days; or either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by either Borrower, the Borrower Guarantor or any of its Subsidiaries Material Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Omnicom Group Inc)
Bankruptcy, etc. The Borrower Holdings or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Holdings or any of its Subsidiaries, Subsidiaries and the petition is not controverted within 10 ten (10) days, or is not dismissed or discharged, within 60 sixty (60) days, after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is appointed for, or takes charge of, all or substantially all of the property of the Borrower Holdings or any of its Subsidiaries, or the Borrower Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower Holdings or any of its Subsidiaries, or there is commenced against the Borrower Holdings or any of its Subsidiaries any such proceeding which remains undismissed or undischarged for a period of 60 sixty (60) days, or the Borrower Holdings or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Holdings or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or the Borrower Holdings or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The Borrower Company or any of its Subsidiaries shall commence a voluntary case concerning itself under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto or any similar Laws under any foreign jurisdiction (the "Bankruptcy Code"); or an involuntary case is commenced against the Borrower Company or any of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days, days after commencement of the case; or a an administrator, receiver, custodian (as defined in the Bankruptcy Code) or similar official is appointed for, or takes charge of, all or substantially all of the property of the Borrower Company or any of its Subsidiaries, ; or the Borrower Company or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law Law of any jurisdiction whether now or hereafter in effect relating to the Borrower Company or any of its Subsidiaries, ; or there is commenced against the Borrower Company or any of its Subsidiaries any such proceeding which remains undismissed for a period of 60 days, ; or the Borrower Company or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any Loan Party or First Tier Foreign Subsidiary that is a partnership dissolves, is wound up or otherwise ceases to exist; or any order of relief or other order approving any such case or proceeding is entered; or the Borrower Company or any of its Subsidiaries suffers any appointment of any custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower Company or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate or other action is taken by the Borrower Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. The If neither Payee nor any MENY Affiliate is a General Partner of the Borrower, the Borrower or any General Partner of its Subsidiaries the Borrower, shall commence a voluntary case concerning itself under Title 11 Il of the United States Code entitled "Bankruptcy," as now or hereafter in effectaffect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case is shall be commenced against the Borrower or any of its Subsidiaries, General Partner thereof and the petition is shall not controverted within 10 days, be dismissed or is not dismissed stayed within 60 days, days after commencement of the case; or a custodian (as defined in the Bankruptcy Code) is shall be appointed for, or takes take charge of, all or substantially all of the property of the Borrower or any of its Subsidiaries, General Partner thereof or the Borrower or any of its Subsidiaries commences commence any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolutioninsolvency or similar law of any jurisdiction whether arrangement, adjustments of debt, relief of debtors, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any of its Subsidiariesa General Partner thereof, or there is shall be commenced against the Borrower or any of its Subsidiaries General Partner thereof any such proceeding which remains shall remain undismissed and unstayed for a period of 60 days, or the Borrower or any of its Subsidiaries is General Partner thereof shall be adjudicated insolvent or bankrupt; or any order of relief or other order approving in any such case or proceeding is shall be entered; or the Borrower or any of its Subsidiaries suffers General Partner thereof shall suffer any appointment of any custodian or the like for it or any substantial part of the Borrower's, or any of its property respective Partner's property, to continue undischarged or unstayed for a period of 60 days; or the Borrower or any of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any of its Subsidiaries for the purpose of effecting any of the foregoing; or;
Appears in 1 contract
