Common use of Bankruptcy or Similar Proceedings Clause in Contracts

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty (60) day period or, if earlier, until such proceedings are dismissed.

Appears in 3 contracts

Samples: Loan and Security Agreement (Apac Customer Service Inc), Loan and Security Agreement (Apac Customer Service Inc), Loan and Security Agreement (Apac Customer Service Inc)

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Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower Borrowers during such sixty (60) day period or, if earlier, until such proceedings are dismissed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amcon Distributing Co), Loan and Security Agreement (Amcon Distributing Co)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor Borrower or for the liquidation or reorganization of any ObligorBorrower, or alleging that such Obligor Borrower is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any ObligorBorrower’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any ObligorBorrower; provided, however, that if such commencement of proceedings against such Obligor Borrower is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make any advance under the Revolving Loans Loan to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty (60) day period orperiod, if or earlier, until such appointment is revoked or such proceedings are dismissed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Peak Resorts Inc), Loan and Security Agreement (Peak Resorts Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty thirty (6030) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to any Borrower during such sixty thirty (6030) day period or, if earlier, until such proceedings are dismissed.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Sl Industries Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Crdentia Corp), Loan and Security Agreement (Crdentia Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sri Surgical Express Inc), Loan and Security Agreement (Sri Surgical Express Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower Borrowers during such sixty (60) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation continue to make Revolving Loans to or and issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismisseddismissed so long as a financing order in form and substance satisfactory to Agent has been entered by a court having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Perry-Judds Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to any Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Wells Gardner Electronics Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Term Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Crdentia Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings (including the filing of any notice of intention to make a proposal) in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state state, provincial or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of for any Borrower during such sixty forty-five (6045) day period orperiod, if or earlier, until such appointment is revoked or such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Poindexter J B & Co Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty forty five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (American Church Mortgage Co)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Term Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Crdentia Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty fifteen (6015) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of any Borrower during such sixty fifteen (6015) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Addus HomeCare Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state State or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to Borrower during such sixty (60) day period orperiod, if or earlier, until such appointment is revoked or such proceedings are dismissed.

Appears in 1 contract

Samples: Coast Distribution System Inc

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor Borrower or for the liquidation or reorganization of any ObligorBorrower, or alleging that such Obligor any Borrower is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any ObligorBorrower’s debts, whether under the United States Bankruptcy Code or under any other law, whether state state, provincial or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any ObligorBorrower; provided, however, that if such commencement of proceedings against such Obligor Borrower is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Administrative Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or CHICAGO/#2647830.13 cause to be issued, Letters of Credit on behalf of any Borrower during such sixty (60) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Westmoreland Resource Partners, LP)

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Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty (60) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Easy Gardener Products LTD)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory nonstatutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of Borrower to any Borrowers during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Cti Industries Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor Borrower or for the liquidation or reorganization of any ObligorBorrower, or alleging that such Obligor Borrower is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any ObligorBorrower’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any ObligorBorrower; provided, however, that if such commencement of proceedings against such Obligor Borrower is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of any Borrower during such sixty (60) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state State or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to Loans, purchase Canadian Bankers’ Acceptances or issue, or cause to be issued, issue Letters of Credit on behalf of to Borrower during such sixty (60) day period orperiod, if or earlier, until such appointment is revoked or such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Coast Distribution System Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Obsidian Enterprises Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty thirty (6030) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to Borrower during such sixty thirty (6030) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Tarpon Industries, Inc.)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty thirty (6030) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, issue or cause to be issued, issued Letters of Credit on behalf of a Borrower during such sixty thirty (6030) day period or, if earlier, until such proceedings are dismissed. .

Appears in 1 contract

Samples: Loan and Security Agreement (Lucille Farms Inc)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty forty-five (6045) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to Borrower during such sixty forty-five (6045) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Crdentia Corp)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s 's debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty (60) days after the commencement of such proceedings, though Agent and Lenders Lender shall have no obligation to make Revolving Loans to or issue, or cause to be issued, issue Letters of Credit on behalf of to Borrower during such sixty (60) day period orperiod, or if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Cohen Phillip Ean)

Bankruptcy or Similar Proceedings. The commencement of any proceedings in bankruptcy by or against any Obligor or for the liquidation or reorganization of any Obligor, or alleging that such Obligor is insolvent or unable to pay its debts as they mature, or for the readjustment or arrangement of any Obligor’s debts, whether under the United States Bankruptcy Code or under any other law, whether state or federal, now or hereafter existing, for the relief of debtors, or the commencement of any analogous statutory or non-statutory proceedings involving any Obligor; provided, however, that if such commencement of proceedings against such Obligor is involuntary, such action shall not constitute an Event of Default unless such proceedings are not dismissed within sixty thirty (6030) days after the commencement of such proceedings, though Agent and Lenders shall have no obligation to make Revolving Loans to or issue, or cause to be issued, Letters of Credit on behalf of any Borrower during such sixty thirty (6030) day period or, if earlier, until such proceedings are dismissed.

Appears in 1 contract

Samples: Loan and Security Agreement (Coachmen Industries Inc)

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