Bankruptcy Filings. The Owner Participant agrees that it will not file a petition, or join in the filing of a petition, seeking reorganization, arrangement, adjustment or composition of, or in respect of, the Owner Lessor under the Bankruptcy Code, or any other applicable federal or state law or the law of the District of Columbia.
Bankruptcy Filings. No Loan Party is contemplating either a filing of a petition under any Debtor Relief Laws or the liquidation of all or a major portion of its assets or property, and the Borrower has no knowledge of any Person contemplating the filing of any such petition against any Loan Party.
Bankruptcy Filings. With respect to any of the Loan Parties, file a petition under any Debtor Relief Laws for the liquidation of all or a major portion of its assets or property.
Bankruptcy Filings. File a petition under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property.
Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master Tenant, Guarantor or, to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of Borrower, Sole Member, Master Tenant, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of Borrower’s, Sole Member’s, Master Tenant’s or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against Borrower, Sole Member, Master Tenant, Guarantor or any of their ...
Bankruptcy Filings. None of the Borrower or any of the other Loan Parties is contemplating either a filing of a petition under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and the Borrower has no Knowledge of any Person contemplating the filing of any such petition against any of the Borrower and/or any of the other Loan Parties.
Bankruptcy Filings. From and after the Agreement Date and until the Closing Date, Sellers shall deliver to Purchaser drafts of any and all material pleadings, motions, notices, statements, schedules, applications, reports and other papers to be filed or submitted in connection with this Agreement for Purchaser’s prior review and comment, including any Tax motions, and such filings shall be acceptable to Purchaser in its sole discretion to the extent they relate to the Purchased Assets, any Assumed Liabilities or any of Purchaser’s obligations hereunder. Sellers agree to diligently prosecute the entry of the Bidding Procedures Order and the Sale Order. In the event the entry of the Bidding Procedures Order or the Sale Order shall be appealed, Sellers shall use their best efforts to defend such appeal. Sellers shall comply with all notice requirements (i) of the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, or (ii) imposed by the Sale Order, in each case, in connection with any pleading, notice or motion to be filed in connection herewith.
Bankruptcy Filings. From and after the Effective Date until the Closing Date, Sellers shall deliver to Buyer (a) copies of all pleadings, motions, notices, statements, schedules, applications, reports and other papers that Sellers file in the Bankruptcy Cases within a reasonable time after filing, but with respect to any such papers that relate, in whole or in part, to this Agreement, the Transaction, or Buyer, its Designee(s) or its or their agents or representatives, Sellers shall use all their respective commercially reasonable efforts to provide such prior notice as may be reasonable under the circumstances before the filing of such papers and (b) copies of all pleadings, motions, notices, statements, schedules, applications, reports and other papers filed in the Bankruptcy Cases.
Bankruptcy Filings. (a) Upon the filing of a petition by or against Tenant under any chapter of the Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: (i) to perform each and every obligation of Tenant under this Lease including, without limitation, the continuous and uninterrupted occupancy of the Premises as is required under Article 16 until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; (ii) to pay monthly in advance on the first day of each month as reasonable compensation for use and occupancy of the Premises an amount equal to all Rent and other charges otherwise due pursuant to this Lease; (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other chapter of the Bankruptcy Code, Tenant hereby knowingly and voluntarily waiving any right to seek time additional to the minimum period set forth in 11 U.S.C. § 365(d)(4) or any similar statute to assume or reject this Lease and hereby acknowledging that there does not exist, nor could there exist, cause to seek such extension; (iv) to give Landlord at least forty-five (45) days prior written notice of any proceeding relating to any assumption of this Lease; (v) to give Landlord at least thirty (30) days’ prior written notice of any abandonment of the Premises; any such abandonment to be deemed a rejection of this Lease; (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United State Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same.
Bankruptcy Filings. 54 SECTION 8.5 INSTRUCTIONS.............................................54 SECTION 8.6 APPOINTMENT OF SUCCESSOR OWNER MANAGER...................54 SECTION 8.7 COOPERATION..............................................55
