Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 11 contracts
Samples: Incremental Agreement (Snap One Holdings Corp.), Intercompany Loan Agreement (Grocery Outlet Holding Corp.), Incremental Agreement (Grocery Outlet Holding Corp.)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings, the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (LPL Financial Holdings Inc.), Credit Agreement (LPL Investment Holdings Inc.), Extension and Incremental Assumption Agreement (LPL Financial Holdings Inc.)
Bankruptcy, etc. Holdings, the Borrower The Parent or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Parent or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days after service of summons, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Parent or any Specified Subsidiary; of its Subsidiaries or the Parent or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Parent or any of its Subsidiaries or there is commenced against Holdings, the Borrower Parent or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or the Parent or any of its Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Parent or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Parent or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Parent or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI), Credit Agreement (General Maritime Corp / MI)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 6 contracts
Samples: Credit Agreement (Nutraceutical International Corp), Credit Agreement (Dade Behring Holdings Inc), Security Agreement (Marathon Power Technologies Co)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall ---------------- commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Dade International Inc), Credit Agreement (Wesley Jessen Visioncare Inc), Credit Agreement (Cambridge Industries Inc /De)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.), Credit Agreement (Air Transport Services Group, Inc.)
Bankruptcy, etc. HoldingsThe Company, the Borrower any Designated Subsidiary Account Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Facility Agreement (Validus Holdings LTD), Credit Facility Agreement (Validus Holdings LTD), Credit Facility Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (H-R Window Supply Inc), Credit Agreement (Commodore Media Inc), Credit Agreement (Atrium Companies Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Information Holdings Inc), Credit Agreement (Atc Group Services Inc /De/), Credit Agreement (Power Ten)
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of its Subsidiaries (other than Brass prior to the Plan Confirmation Date) shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified such Subsidiary under the Bankruptcy Code and the petition is not controverted within 10 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Company or any Specified such Subsidiary; or the Company or any such Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Company or any such Subsidiary; or there is commenced against Holdings, the Borrower Company or any Specified such Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days; or the Company or any such Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Company or any Specified such Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified such Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any such Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 3 contracts
Samples: Credit Agreement (Zurn Industries Inc), Credit Agreement (Zurn Industries Inc), Credit Agreement (Zurn Industries Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy,” any domestic or foreign law relating to bankruptcy, judicial management, insolvency, liquidation, receivership, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Material Subsidiary under and the Bankruptcy Code petition is not controverted within 30 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), judicial manager, compulsory manager, receiver, receiver manager, trustee trustee, liquidator, administrator, administrative receiver or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Material Subsidiary; or Holdings, the Borrower or any Material Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, winding-up, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Material Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Material Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or Holdings, the Borrower or any Material Subsidiary is adjudicated bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Material Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee trustee, 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 Holdings, the Borrower or any Specified Material Subsidiary makes a general assignment for the benefit of creditors; or144
Appears in 3 contracts
Samples: Credit Agreement (PRA Health Sciences, Inc.), Credit Agreement (PRA Health Sciences, Inc.), Credit Agreement (PRA Health Sciences, Inc.)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days 90 days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 90 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Restricted Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” or any other applicable insolvency, debtor relief, or debt adjustment law, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under the Bankruptcy Code and the petition is not dismissed or stayed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified the applicable Restricted Subsidiary commences any other consents to the institution of such case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating prior to Holdingssuch 60-day period, the Borrower or any Specified Subsidiaryorder of relief or other order approving any such case, proceeding or action is entered; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee trustee, conservator, liquidator, examiner, rehabilitator, administrator, or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified SubsidiaryRestricted Subsidiary or all or any substantial portion of the property or business thereof; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Restricted Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee trustee, conservator, liquidator, examiner, rehabilitator, administrator, or the like for it or any substantial part of its property or business to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Restricted Subsidiary makes a general assignment for the benefit of creditors; or.
Appears in 2 contracts
Samples: Credit Agreement (Vine Energy Inc.), Credit Agreement (Vine Energy Inc.)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the United States Code entitled “Bankruptcy”, as now or hereafter in effect, or any successor thereto (the “Bankruptcy Code”) or under any similar law of any jurisdiction; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a receiver or custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee Code or in any similar person law of any jurisdiction) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after the commencement of the such case, proceeding or action; or Holdings, the Borrower or any Specified Significant Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Significant Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any Specified Significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Significant Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 2 contracts
Samples: Security Agreement (MultiPlan Corp), Credit Agreement (MultiPlan Corp)
Bankruptcy, etc. Holdings, the Borrower or any Specified significant Subsidiary (as such term is defined in Article 1, Rule 1-02 of Regulation S-X of the Securities and Exchange Commission as in effect on the date hereof) shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified significant Subsidiary; or Borrower or any significant 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 Borrower or such significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified significant Subsidiary under any other Debtor Relief Law any such case or proceeding or action that which remains undismissed for a period of 60 sixty (60) days; or Borrower or any significant Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified significant Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by Borrower or any significant Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Global Marine Inc), Credit Agreement (Global Marine Inc)
Bankruptcy, etc. Holdings, the Borrower Parent or any Specified Subsidiary of Parent shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Parent or any Specified Subsidiary under the Bankruptcy Code of Parent, and the petition is not controverted within 10 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Parent or any Specified Subsidiary; Subsidiary of Parent, or Parent or any Subsidiary of Parent commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Parent or any Subsidiary of Parent, or there is commenced against Holdings, the Borrower Parent or any Specified Subsidiary under any other Debtor Relief Law of Parent any such proceeding or action that which remains undismissed for a period of 60 days, or Parent or any Subsidiary of Parent is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Parent or any Specified Subsidiary of Parent suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Parent or any Specified Subsidiary of Parent makes a general assignment for the benefit of creditors; or any corporate action is taken by Parent or any Subsidiary of Parent for the purpose of effecting any of the foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Harrahs Entertainment Inc), Credit Agreement (Harrahs Entertainment Inc)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after the commencement of the such case, proceeding or action; or Holdings, the Borrower or any Specified Significant Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Significant Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any Specified Significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Significant Subsidiary makes a general assignment for the benefit of creditors; oror 11.6
Appears in 2 contracts
Samples: Credit Agreement (Snap One Holdings Corp.), Credit Agreement (Snap One Holdings Corp.)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or days;or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 2 contracts
Samples: Credit Agreement (Snap One Holdings Corp.), Credit Agreement (Snap One Holdings Corp.)
Bankruptcy, etc. HoldingsOther than as set forth below, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action case concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not controverted within 10 days, or is not dismissed or stayed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of HoldingsBorrower; or Borrower commences any other proceeding under any reorganization, the Borrower arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any Specified Subsidiaryjurisdiction whether now or hereafter in effect relating to Borrower; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed and unstayed for a period of 60 days; or Borrower is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Specified Subsidiary makes a general assignment for the benefit of creditors; oror any corporate action is authorized by Borrower for the purpose of effecting any of the foregoing provided, however, that the filing by Borrower with the Bankruptcy Court of a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on or before January 31, 1997 shall not be deemed to be an Event of Default under this Agreement provided that an interim or emergency order for financing by Lender is entered in such case on or before February 14, 1997.
Appears in 1 contract
Samples: General Security Agreement (Bullet Sports International Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror any corporate action is taken by Holdings, the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or 190
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries authorizing any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Nutraceutical International Corp)
Bankruptcy, etc. HoldingsThe Company, the Borrower any Loan Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; oror any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or SECTION 7.06.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Restricted Subsidiary shall commence a voluntary case, proceeding or action case concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 90 days after commencement of the case, proceeding or action; or Holdingsa 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 Specified Restricted Subsidiary; or the Borrower or any Restricted Subsidiary commences any other proceeding or action under any other Debtor Relief Law reorganization, arrangement, adjustment of the debt, relief of creditors, dissolution, insolvency or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Restricted Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 90 days; or the Borrower or any Restricted Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Restricted Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee custodian or the like for it or for any substantial part of its property to continue undischarged unchanged or unstayed for a period of 60 90 days; or Holdings, the Borrower or any Specified Restricted Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Restricted Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall ---------------- commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of its Material Subsidiaries shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the Bankruptcy CodeUnited States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "BANKRUPTCY CODE"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified Subsidiary under the Bankruptcy Code of its Material Subsidiaries, and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Company or any Specified Subsidiary; of its Material Subsidiaries, or the 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 Company or any of its Material Subsidiaries, or there is commenced against Holdings, the Borrower Company or any Specified Subsidiary under any other Debtor Relief Law of its Material Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or the 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 or action is entered; or Holdings, the Borrower Company or any Specified Subsidiary of its Material Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified Subsidiary of its Material Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any of its Material Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the The Borrower or any Specified Subsidiary shall commence the Guarantor commences a voluntary casecase under Title 11 of the United States Code entitled "Bankruptcy," as now or hereafter in effect, proceeding or action concerning itself under any successor thereto (the "Bankruptcy Code"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code Guarantor and the petition is not controverted within ten (10) days, or is not dismissed within 60 days ninety (90) days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or the Guarantor, or the Borrower or the Guarantor commences any Specified Subsidiary; other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, liquidation or similar law of any jurisdiction, whether now or hereafter in effect, or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law the Guarantor any such proceeding or action that which remains undismissed for a period of 60 ninety (90) days; or the Borrower or the Guarantor is adjudicated insolvent or bankrupt; or any order of for relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary the Guarantor suffers any the appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary the Guarantor makes a general assignment for the benefit of creditors; or the Borrower or the Guarantor takes any corporate action for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Atlas Air Worldwide Holdings Inc)
Bankruptcy, etc. HoldingsThe Company, the Borrower any Designated Subsidiary Account Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or”
Appears in 1 contract
Samples: Validus Holdings LTD
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary of their respective Subsidiaries shall commence a voluntary case, proceeding or action case concerning itself under Title II of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code of their respective Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; of their respective Subsidiaries, or Holdings, the Borrower or any of their respective Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any of their respective Subsidiaries, or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law of their respective Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or Holdings, the Borrower or any of their respective Subsidiaries is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary of their respective Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; orany
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning itself under Title II of the United States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Chancellor Radio Broadcasting Co)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries, and the petition is not controverted within 10 days, or is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiaryfiling thereof; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, to operate all or any substantial portion of the business of Holdings or any of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, . adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 daysdays after the filing thereof, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower or any Specified significant Subsidiary (as such term is defined in Article 1, Rule 1-02 of Regulation S-X of the Securities and Exchange Commission as in effect on the date hereof) shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the Bankruptcy CodeUnited States Code entitled "Bankruptcy", as now or hereafter in effect, or any successor thereto (the "BANKRUPTCY CODE"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified significant Subsidiary; or Borrower or any significant 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 Borrower or such significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified significant Subsidiary under any other Debtor Relief Law any such case or proceeding or action that which remains undismissed for a period of 60 sixty (60) days; or Borrower or any significant Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified significant Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by Borrower or any significant Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Global Marine Inc)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary A Debtor shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code a Debtor and the petition is not controverted within 30 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdingsa Debtor or a Debtor commences any other proceeding under any reorganization, the Borrower arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any Specified Subsidiary; jurisdiction whether now or hereafter in effect relating such Debtor, or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other a Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days, or a Debtor is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding is entered and is not vacated or action is enteredstayed within 60 days; or Holdings, the Borrower or any Specified Subsidiary a Debtor suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Specified Subsidiary a Debtor makes a general assignment for the benefit of creditors; or any partnership and/or corporate action is taken by a Debtor for the purpose of effecting any of the foregoing; provided, however, that the occurrence of any of the events described in this Section 9.05 with respect to a Subsidiary of the REIT that is not the Borrower or a Subsidiary Guarantor and is not a Subsidiary of the REIT to which more than $25,000,000 of Book Value is attributable shall not be a Default or an Event of Default; or
Appears in 1 contract
Samples: Credit Agreement (Eldertrust)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the United States Code entitled "Bankruptcy", as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code") or under any similar law of any jurisdiction; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a receiver or custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee Code or in any similar person law of any jurisdiction) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries --------------- shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 10 days, or is not dismissed within 60 days 30 days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 30 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee custodian or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 30 days; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate or partnership action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Ocih LLC)
Bankruptcy, etc. Holdings, the Borrower or any Specified Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” any domestic or foreign law relating to bankruptcy, judicial management, insolvency, liquidation, receivership, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Material Subsidiary under and the Bankruptcy Code petition is not controverted within 60 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), judicial manager, compulsory manager, receiver, receiver manager, trustee trustee, liquidator, administrator, administrative receiver or similar person Person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Material Subsidiary; or Holdings, the Borrower or any Material Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, winding‑up, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Material Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Material Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or Holdings, the Borrower or any Material Subsidiary is adjudicated bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Material Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee trustee, 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 Holdings, the Borrower or any Specified Material Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 30 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Company or any Specified Subsidiaryof its Subsidiaries; or the Company or any of its Subsidiaries 79 -73- 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 Company or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Company or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or the 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 or action is entered; or Holdings, the Borrower Company or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Di Industries Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its -95- 103 Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall ---------------- commence a voluntary case, proceeding or action case concerning itself under Title 11 of the United States Code entitled "Bank- ruptcy," as now or hereafter in effect, or any successor thereto (the "Bankruptcy Code"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Collins & Aikman Floor Coverings Inc)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall ---------------- commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Warrant Agreement (Autotote Corp)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall --------------- commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 10 days, or is not dismissed or discharged, within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; 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 or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed or undischarged for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. HoldingsThe Borrower or any 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 Subsidiary and the petition is not controverted within 10 days after commencement of the case; or an involuntary case is commenced against the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or the Borrower or any Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or the Borrower or any Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)
Bankruptcy, etc. HoldingsThe Company, the Borrower any Designated Subsidiary Account Party, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there any such proceeding is commenced against Holdings, the Borrower any such Person and such proceeding is not dismissed within 60 days; or any Specified Subsidiary under any other Debtor Relief Law any such proceeding Person is adjudicated insolvent or action that remains undismissed for a period of 60 daysbankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; oror any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or SECTION 7.06.
Appears in 1 contract
Samples: Agreement (Validus Holdings LTD)
Bankruptcy, etc. Holdings, the Borrower or any Specified Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” any domestic or foreign law relating to bankruptcy, judicial management, insolvency, liquidation, receivership, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Material Subsidiary under and the Bankruptcy Code petition is not controverted within 60 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Material Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), judicial manager, compulsory manager, receiver, receiver manager, trustee trustee, liquidator, administrator, administrative receiver or similar person Person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Material Subsidiary; or Holdings, the 148 Borrower or any Material Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, winding-up, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Material Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Material Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or Holdings, the Borrower or any Material Subsidiary is adjudicated bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Material Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee trustee, 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 Holdings, the Borrower or any Specified Material Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. HoldingsThe Company, the Borrower Borrower, any Regulated Insurance Company or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code such Person and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower any such Person or any Specified Subsidiarysuch Person commences (including by way of applying for or consenting to the appointment of, or the taking of possession by, a rehabilitator, receiver, custodian, trustee, conservator, administrator or liquidator or other similar official in any jurisdiction (collectively, a “conservator”) of itself or all or any substantial portion of its property) any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration, liquidation, rehabilitation, supervision, conservatorship or similar law of any jurisdiction or the Bermuda Companies Law whether now or hereafter in effect relating to any such Person; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of is 49 commenced against any such Person and such proceeding is not dismissed within 60 days; or any such Person is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary such Person suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings, the Borrower or any Specified Subsidiary such Person makes a general assignment for the benefit of creditors; or any corporate action is taken by any such Person for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of the other Payer Parties, other than EIH, shall commence a voluntary case, proceeding or action case concerning itself under the Bankruptcy Codeany Debtor Relief Law; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under of the Bankruptcy Code other Payer Parties, other than EIH, and the petition is not controverted within 10 days, or is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiaryfiling thereof; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person a Debtor Relief Law) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of the other Payer Parties, other than EIH, to operate all or any substantial portion of the business of Holdings or any of the other Payer Parties, other than EIH, or Holdings or any of the other Payer Parties, other than EIH, 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 or any of the other Payer Parties, other than EIH, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any of the other Debtor Relief Law Payer Parties any such proceeding or action that which remains undismissed for a period of 60 daysdays after the filing thereof, or Holdings or any of the other Payer Parties, other than EIH, is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary suffers any appointment of any custodianthe other Payer Parties, receiverother than EIH, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror any Business action is taken by Holdings or any of the other Payer Parties, other than EIH, for the purpose of effecting any of the foregoing. 108 HN\1118344.20
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Nutraceutical International Corp)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Amtrol Inc /Ri/)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Waters Corp /De/)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. HoldingsThe Borrower, the Borrower any Guarantor or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under Title 11 of the United States Code entitled “Bankruptcy” (the “Bankruptcy Code”) as now or hereafter in effect, or any successor thereto; or an involuntary case, proceeding or action is commenced against Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action or, in connection with any such involuntary proceeding or action; , or Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law 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 Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdingsthe Borrower, the Borrower any Guarantor or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror the Borrower, any Guarantor or any Subsidiary take any action to effect any of the foregoing.
Appears in 1 contract
Bankruptcy, etc. Holdings, the The Borrower or any Specified Restricted Subsidiary shall commence a voluntary case, proceeding or action case concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdingsa 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 Specified Restricted Subsidiary; or the Borrower or any Restricted Subsidiary commences any other proceeding or action under any other Debtor Relief Law reorganization, arrangement, adjustment of the debt, relief of creditors, dissolution, insolvency or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Restricted Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Restricted Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days; or the Borrower or any Restricted Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Restricted Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee custodian or the like for it or for any substantial part of its property to continue undischarged unchanged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Restricted Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Restricted Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Tultex Corp)
Bankruptcy, etc. Holdings, Either the Borrower or any Specified Subsidiary Parent shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, any of the Borrower or any Specified Subsidiary under the Bankruptcy Code Parent, and the petition is not controverted within 10 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, case (provided that the Borrower or expressly authorizes the Agent and each Bank to appear in any Specified Subsidiary commences court conducting any such proceeding during such 60 day period to preserve, protect and defend their rights under this Agreement and the other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified SubsidiaryCredit Documents); or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, any of the Borrower or Parent; or any Specified Subsidiaryof the Borrower or Parent 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 any of the Borrower or Parent; or there is commenced against Holdings, any of the Borrower or any Specified Subsidiary under any other Debtor Relief Law Parent any such proceeding or action that which remains undismissed for a period of 60 days; or any of the Borrower or Parent is adjudicated insolvent or bankrupt, or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, any of the Borrower or any Specified Subsidiary Parent suffers any appointment of any custodian, receiver, receiver manager, trustee 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, of the Borrower or any Specified Subsidiary Parent makes a general assignment for the benefit of creditors; or any action is taken by any of the Borrower or Parent for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (St Joe Co)
Bankruptcy, etc. Holdings, the Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code) receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower or any Specified Subsidiary suffers any appointment of any custodian, custodian receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; oror any corporate action is taken by Holdings, the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or 186 LPL – Conformed A&R Credit Agreement
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code 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, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate, limited liability company or similar action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Fairchild Semiconductor International Inc)
Bankruptcy, etc. Holdings, the The Borrower or any Specified Significant Subsidiary shall commence a voluntary case, proceeding or action concerning itself under the Bankruptcy Code; or an involuntary case, proceeding or action is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 days after the commencement of the such case, proceeding or action; or Holdings, the Borrower or any Specified Significant Subsidiary commences any other case, proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Significant Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Significant Subsidiary; or there is commenced against Holdings, the Borrower or any Specified Significant Subsidiary under any other Debtor Relief Law any such case, proceeding or action that remains undismissed for a period of 60 days; or any order of relief or other order approving any such case or case, proceeding or action is entered; or Holdings, the Borrower or any Specified Significant Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or Holdings, the Borrower or any Specified Significant Subsidiary makes a general assignment for the benefit of creditors; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Any Credit Party or any Specified Subsidiary Holding’s Parent shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdingsany Credit Party or Holding’s Parent and the petition is not controverted within fifteen (15) days after the earlier of (x) actual knowledge by a Credit Party or Holding’s Parent of the commencement of such case and (y) service on a Credit Party or Holding’s Parent of the applicable summons, the Borrower or any Specified Subsidiary under the Bankruptcy Code and the petition is not dismissed within 60 sixty (60) days after commencement of the case, proceeding or action; or Holdings, the Borrower any Credit Party or any Specified Subsidiary Holding’s Parent commences any other proceeding or action under any other Debtor Relief Law reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, receivership, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdingsany Credit Party or Holding’s Parent, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower or any Specified Subsidiary; or there is commenced against Holdings, the Borrower any Credit Party or any Specified Subsidiary under any other Debtor Relief Law Holding’s Parent any such proceeding or action that which remains undismissed for a period of 60 sixty (60) days, or any Credit Party or Holding’s Parent is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower any Credit Party or any Specified Subsidiary Holding’s Parent suffers any appointment of any custodian, receiveradministrator, administrative receiver manager, trustee or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 sixty (60) days; or Holdings, the Borrower any Credit Party or any Specified Subsidiary Holding’s Parent makes a general assignment for the benefit of creditors; or any Company action is taken by any Credit Party or Holding’s Parent for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action case concerning itself under Title 11 of the Bankruptcy CodeUnited States Code entitled "Bankruptcy," as now or hereafter in effect, or any successor thereto (the "BANKRUPTCY CODE"); or an involuntary case, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Intelsat LTD)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days after service of summons, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or LEGAL02/38433738v11 liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Air Transport Services Group, Inc.)
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall ---------------- commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries and the petition is not controverted within 20 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiaryof its Subsidiaries; or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries; or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days; or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any Company action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (RPP Capital Corp)
Bankruptcy, etc. Holdings, the Borrower The Company or any Specified Subsidiary of the Company shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Company or any Specified Subsidiary under the Bankruptcy Code Subsidiary, and the petition is not controverted within 10 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Company or any Specified Subsidiary; , or the Company or any Specified Subsidiary commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Company or any Specified Subsidiary, or there is commenced against Holdings, the Borrower Company or any Specified Subsidiary under any other Debtor Relief Law any such proceeding or action that which remains undismissed for a period of 60 days, or the Company or any Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or Holdings, the Borrower Company or any Specified Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Company or any Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Company or any Specified Subsidiary for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Bankruptcy, etc. Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries shall commence a voluntary case, proceeding or action 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, proceeding or action case is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under the Bankruptcy Code of its Subsidiaries, and the petition is not controverted within 30 days, or is not dismissed within 60 days days, after commencement of the case, proceeding or action; or Holdings, the Borrower or any Specified Subsidiary commences any other proceeding or action under any other Debtor Relief Law of any jurisdiction whether now or hereafter in effect relating to Holdings, the Borrower or any Specified Subsidiary; or a custodian (as defined in the Bankruptcy Code), receiver, receiver manager, trustee or similar person ) is appointed for, or takes charge of, all or substantially all of the property of Holdings, the Borrower Holdings or any Specified Subsidiary; of its Subsidiaries, or Holdings or any of its Subsidiaries commences any other proceeding under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to Holdings or any of its Subsidiaries, or there is commenced against Holdings, the Borrower Holdings or any Specified Subsidiary under any other Debtor Relief Law of its Subsidiaries any such proceeding or action that which remains undismissed for a period of 60 days, or 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 or action is entered; or Holdings, the Borrower Holdings or any Specified Subsidiary of its Subsidiaries suffers any appointment of any custodian, receiver, receiver manager, trustee 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 Holdings or any Specified Subsidiary of its Subsidiaries makes a general assignment for the benefit of creditors; or any corporate, limited liability company or similar action is taken by Holdings or any of its Subsidiaries for the purpose of effecting any of the foregoing; or
Appears in 1 contract
Samples: Credit Agreement (Bway Corp)
