Bankruptcy Sample Clauses

Bankruptcy. The Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Maker or any of its Subsidiaries PetroAlgae shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;.
Bankruptcy. The Company Maker shall be adjudicated as bankrupt or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment ofinsolvent, or the taking of possession byadmit in writing its inability to pay its debts as they mature, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general an assignment for the benefit of creditors; or the Maker shall apply for or consent to the appointment of a receiver, trustee, or similar officer for it or for all or any substantial part of its property; or such receiver, trustee or similar officer shall be appointed without the application or consent of the Maker and such appointment shall continue un-discharged for a period of sixty (iii60) commence a voluntary case days; or the Maker shall institute (by petition, application, answer, consent or otherwise) any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceeding relating to it under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing jurisdiction; or any such proceeding shall be instituted (by petition, application or otherwise) against the Maker and shall remain un-dismissed for a period of sixty (60) days; or any judgment, writ, warrant of attachment or execution or similar process shall be issued or levied against a substantial part of the relief property of debtorsthe Maker and such judgment, writ, or similar process shall not be released, vacated or fully bonded within sixty (vi) acquiesce to, without challenge within ten (1060) days of the filing thereof, after its issue or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;levy.
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party: (l) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4)(A) institutes or has instituted against it, (iii) commence by a voluntary case regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under the federal any bankruptcy laws (as now or hereafter in effect)insolvency law or other similar law affecting creditors rights, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking to take advantage a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law providing or other similar law affecting creditors rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either (I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of debtorsan order for its winding-up or liquidation or (II) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 15 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 15 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (l) to (7) above (inclusive); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Company Any Borrower or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Maker shall be adjudicated as bankrupt or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment ofinsolvent, or the taking of possession byadmit in writing its inability to pay its debts as they mature, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general an assignment for the benefit of creditors; or the Maker shall apply for or consent to the appointment of a receiver, trustee, or similar officer for it or for all or any substantial part of its property; or such receiver, trustee or similar officer shall be appointed without the application or consent of the Maker and such appointment shall continue undischarged for a period of sixty (iii60) commence a voluntary case days; or the Maker shall institute (by petition, application, answer, consent or otherwise) any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceeding relating to it under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing jurisdiction; or any such proceeding shall be instituted (by petition, application or otherwise) against the Maker and shall remain undismissed for a period of sixty (60) days; or any judgment, writ, warrant of attachment or execution or similar process shall be issued or levied against a substantial part of the relief property of debtorsthe Maker and such judgment, writ, or similar process shall not be released, vacated or fully bonded within sixty (vi) acquiesce to, without challenge within ten (1060) days of the filing thereof, after its issue or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;levy.
Bankruptcy. The Company or any of its Subsidiaries shall If Seller (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within sixty (60) days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Sellers assets, and such order, judgment or decree is not vacated or set aside or stayed within sixty (60) days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of Sellers assets and such custody or control is not terminated or stayed within sixty (vi) acquiesce to, without challenge within ten (1060) days from the date of the filing thereof, assumption of such custody or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;control.
Bankruptcy. The Company or any of its Subsidiaries Any Loan Party shall (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (iib) make a general assignment for the benefit of creditors, (iiic) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (ivd) be adjudicated a bankrupt or insolvent, (ve) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vif) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viig) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries Any Credit Party shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company (a) Any Credit Party shall commence any case, proceeding or any of its Subsidiaries shall other action (i) apply forunder any existing or future law of any jurisdiction, consent domestic or foreign, relating to bankruptcy, insolvency, reorganization or suffer relief of debtors, seeking to exist the appointment ofhave an order for relief entered with respect to it, or the taking seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (ii) seeking appointment of possession by, a receiver, trustee, custodian, trustee conservator or liquidator of itself other similar official for it or of for all or a any substantial part of its propertyassets, (ii) or such Credit Party shall make a general assignment for the benefit of its creditors; or (b) there shall be commenced against any Credit Party any case, proceeding or other action of a nature referred to in clause (iiia) commence above that (i) results in the entry of an order for relief or any such adjudication or appointment or (ii) remains undismissed, undischarged and unbonded for a voluntary case under period of 60 days; or (c) there shall be commenced against any Credit Party any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets that results in the federal bankruptcy laws entry of an order for any such relief that shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof; or (as now d) any Credit Party shall take any action in furtherance of, or hereafter indicating its consent to, approval of, or acquiescence in, any of the acts set forth in effectclause (a), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawsb), or (viic) take above; or (e) any action for the purpose of effecting any of the foregoing;Credit Party shall generally not, or shall be unable to, or shall admit in writing its inability to, pay its debts as they become due.
Bankruptcy. The Company Any Borrower, any Guarantor, any Subsidiary or Affiliate of any of its Subsidiaries Borrower shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (iii) make a general assignment for the benefit of creditors, (iiiiv) commence a voluntary case under the any state or federal bankruptcy or receivership laws (as now or hereafter in effect), (ivv) be adjudicated a bankrupt or insolventinsolvent (including by entry of any order for relief in any involuntary bankruptcy or insolvency proceeding commenced against it), (vvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vivii) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viiviii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Any Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten fifteen (1015) days of the filing thereof, or failure to have dismissed, within thirty forty-five (3045) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Appears in 6 contracts
Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, ; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all or hereafter in effect), substantially all of its assets; or (iv) be adjudicated a bankrupt suffered the attachment or insolvent, (v) file a petition seeking to take advantage other judicial seizure of any other law providing for the relief all or substantially all of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;its assets.
Bankruptcy. The Company or any of its Subsidiaries Borrower shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries shall Borrower: (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general makes an assignment for the benefit of creditors; (ii) petitions or applies to any court for the appointment of a trustee or receiver for itself or for any substantial part of its assets or for the Premises or any portion thereof, (iii) commence a voluntary case or commences any proceedings under the federal bankruptcy laws (as any bankruptcy, arrangement, insolvency, readjustment of debt or reorganization statute or law of any jurisdiction, whether now or hereafter in effect); (iii) if any such petition or application is filed or any such proceedings are commenced, and Borrower, by any act indicates any approval thereof, consent thereto, or acquiescence therein; (iv) be adjudicated a an order is entered appointing any such trustee or receiver, or adjudicating Borrower, bankrupt or insolvent, or approving the petition in any such proceeding; or (v) file a if any petition seeking to take advantage of or application for any other law providing such proceeding or for the relief appointment of debtorsa trustee or receiver is filed by any third party against Borrower, or its assets or the Premises, or any portion thereof, and any of the aforesaid proceedings is not dismissed within sixty (vi) acquiesce to, without challenge within ten (1060) days of the filing thereof, or failure to have dismissed, within thirty its filing; (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any all of the foregoing;forgoing are herein collectively referred to as a Bankruptcy); or
Bankruptcy. The Company A Party (1) is dissolved (other than pursuant to a consolidation, amalgamation or any of merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any relief under any Bankruptcy Law, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage is presented for its winding-up or liquidation, and in the case of any other law providing such proceeding or petition instituted or presented against it, such proceeding or petition (A) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the relief making of debtors, an order for its winding-up or liquidation or (viB) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have is not dismissed, discharged, stayed or restrained in each case within thirty (30) daysdays of the institution or presentation thereof; (5) has a resolution passed for its winding-up, any petition filed official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets; (7) has a secured party take possession of all or substantially all of its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against it in any involuntary case under all or substantially all of its assets and such bankruptcy lawssecured party maintains possession, or any such process is not dismissed, discharged, stayed or rescinded, in each case within thirty (vii30) take days thereafter; (8) causes or is subject to any action for the purpose of effecting event with respect to it that, under applicable Law, has an analogous effect to any of the foregoing;events described in clauses (1) through (7); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
Bankruptcy. The Company or any of its Subsidiaries Any Credit Party shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries Any Loan Party shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company A Party (1) is dissolved (other than pursuant to a consolidation, amalgamation or any of merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any relief under any Bankruptcy Law, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage is presented for its winding-up or liquidation, and in the case of any other law providing such proceeding or petition instituted or presented against it, such proceeding or petition (A) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the relief making of debtorsan order for its winding-up or liquidation or (B) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 30 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all it assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or rescinded, in each case within thirty 30 days thereafter; (30) days8) causes or is subject to any event with respect to it which, any petition filed against it in any involuntary case under such bankruptcy lawsthe applicable Law, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events described in clauses (1) through (7); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of its Subsidiaries shall such party: (i) apply foris dissolved (other than pursuant to a consolidation, consent amalgamation or merger); (2) becomes insolvent or is unable to pay its debts or suffer fails or admits in writing its inability generally to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts as they become due; (ii3) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors rights, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage is presented for its winding-up or liquidation, and, in the case of any other law providing such proceeding or petition instituted or presented against it, such proceeding or petition (A) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the relief making of debtorsan order for its winding-up or liquidation or (B) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 30 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 30 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (1) to (7) (inclusive); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party:-- (l) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4)(A) institutes or has instituted against it, (iii) commence by a voluntary case regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under the federal any bankruptcy laws (as now or hereafter in effect)insolvency law or other similar law affecting creditors rights, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking to take advantage a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law providing or other similar law affecting creditors rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either (I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of debtorsan order for its winding-up or liquidation or (II) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 15 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidati on (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 15 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (l) to (7) above (inclusi ve); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Any Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Any Borrower or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party:-- (l) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4)(A) institutes or has instituted against it, (iii) commence by a voluntary case regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under the federal any bankruptcy laws (as now or hereafter in effect)insolvency law or other similar law affecting creditors' rights, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking to take advantage a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law providing or other similar law affecting creditors' rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either (I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of debtorsan order for its winding-up or liquidation or (II) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 15 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 15 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (l) to (7) above (inclusive); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Company or any of its Subsidiaries shall Except as otherwise permitted under Section 10.3, (i) apply the Borrower or any Material Subsidiary shall commence a voluntary case, proceeding or action concerning itself under (a) Title 11 of the United States Code entitled Bankruptcy, or (b) in the case of any Foreign Subsidiary that is a Material Subsidiary, any domestic or foreign law relating to bankruptcy, judicial management, insolvency, 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); (ii) an involuntary case, proceeding or action is commenced against the Borrower or any Material Subsidiary and the petition is not controverted within 60 days after commencement of the case, proceeding or action; (iii) an involuntary case, proceeding or action is commenced against the Borrower or any Material Subsidiary and the petition is not dismissed or stayed within 60 consecutive days after commencement of the case, proceeding or action; (iv) a custodian (as defined in the Bankruptcy Code), judicial manager, receiver, receiver manager, trustee, administrator or similar person is appointed for, consent to or suffer to exist the appointment takes charge of, all or substantially all of the property of the Borrower or any Material Subsidiary; (v) 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, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any Material Subsidiary; (vi) there is commenced against the Borrower or any Material Subsidiary any such proceeding or action that remains undismissed or unstayed for a period of 60 consecutive days; (vii) the Borrower or any Material Subsidiary is adjudicated insolvent or bankrupt; (viii) any order of relief or other order approving any such case or proceeding or action is entered; (ix) the Borrower or any Material Subsidiary suffers any appointment of any custodian, receiver, receiver manager, trustee, administrator or the taking of possession by, a receiver, custodian, trustee like for it or liquidator of itself or of all or a any substantial part of its property, property to continue undischarged or unstayed for a period of 60 consecutive days; (iix) make the Borrower or any Material Subsidiary makes a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, ; or (viixi) take any corporate action is taken by the Borrower or any Material Subsidiary for the purpose of effecting authorizing any of the foregoing;; or
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party: (l) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4)(A) institutes or has instituted against it, (iii) commence by a voluntary case regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organization or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under the federal any bankruptcy laws (as now or hereafter in effect)insolvency law or other similar law affecting creditors rights, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking to take advantage a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law providing or other similar law affecting creditors rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either (I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of debtorsan order for its winding-up or liquidation or (II) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 15 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 15 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (l) to (7) above (inclusive); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (iiib) commence a filed any voluntary case under petition in bankruptcy or suffered the federal bankruptcy laws (as now or hereafter in effect)filing of an involuntary petition by Seller's creditors, (ivc) be adjudicated suffered the appointment of a bankrupt receiver to take possession of all or insolventsubstantially all of Seller's assets, (vd) file a petition seeking to take advantage suffered the attachment or other judicial seizure of any other law providing for the relief all, or substantially all, of debtorsSeller's assets, (vie) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure admitted in writing its inability to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawspay its debts as they come due, or (viif) take any action for the purpose made an offer of effecting any of the foregoing;settlement, extension or composition to its creditors generally.
Bankruptcy. The Company (i) A Credit Party or any of its Subsidiaries (other than any de minimus Foreign Subsidiary that is not a Foreign Credit Party) shall commence any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, custodian, conservator, examiner or other similar official for it or for all or any substantial part of its assets, or a Credit Party or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of its creditors; or (ii) there shall be commenced against a Credit Party or any of its Subsidiaries (other than any de minimus Foreign Subsidiary that is not a Foreign Credit Party) any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 60 days; or (iii) commence there shall be commenced against a voluntary case under Credit Party or any of its Subsidiaries (other than any de minimus Foreign Subsidiary that is not a Foreign Credit Party) any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of their assets which results in the federal bankruptcy laws entry of an order for any such relief which shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof; or (as now iv) a Credit Party or hereafter any of its Subsidiaries (other than, with respect to any of acts set forth in effectclause (i) above, any de minimus Foreign Subsidiary that is not a Foreign Credit Party) shall take any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in clause (i), (ivii), or (iii) be adjudicated a bankrupt above; or insolvent, (v) file a petition seeking to take advantage Credit Party or any of its Subsidiaries (other than any other law providing for the relief of debtorsde minimus Foreign Subsidiary that is not a Foreign Credit Party) shall generally not, (vi) acquiesce or shall be unable to, without challenge within ten (10) days of the filing thereofor shall admit in writing their inability to, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;pay its debts as they become due; or
Bankruptcy. The Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries shall A Party (i) apply forfiles a petition or otherwise commences, consent to authorizes or suffer to exist acquiesces in the appointment ofcommencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law, or the taking of possession by, a receiver, custodian, trustee has any such petition filed or liquidator of itself or of all or a substantial part of its propertycommenced against it, (ii) make a makes an assignment or any general assignment arrangement for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws otherwise becomes bankrupt or insolvent (as now or hereafter in effecthowever evidenced), (iv) be adjudicated has a bankrupt liquidator, administrator, receiver, trustee, conservator or insolvent, similar official appointed with respect to it or any substantial portion of its property or assets or (v) file a petition seeking is generally unable to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;pay its debts as they become due.
Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, ; (ii) filed any involuntary petition in bankruptcy or suffered the filing of an involuntary petition by Seller's creditors; (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all or hereafter in effect), substantially all of Seller's assets; (iv) be adjudicated a bankrupt suffered the attachment or insolventother judicial seizure of all, or substantially all, of Seller's assets; (v) file a petition seeking admitted in writing its inability to take advantage of any other law providing for the relief of debtors, pay its debts as they come due; or (vi) acquiesce tomade an offer of settlement, without challenge within ten (10) days extension or compromise to its creditors generally. Seller is solvent and able to pay its debts as they come due in the usual and ordinary course of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;business.
Bankruptcy. The Company Should Bioamber (1) become insolvent or any of unable to pay its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment ofdebts as they mature, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii2) make a general an assignment for the benefit of creditors, or (iii3) commence permit or procure the appointment of a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing receiver for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawsits assets, or (vii4) take become the subject of any action for the purpose bankruptcy, insolvency or similar proceeding, then DuPont may at any time thereafter terminate this Agreement. DuPont shall so terminate by providing a written notice of effecting any termination, and such termination shall be effective as of the foregoing;date of Bioambers receipt of the notice of termination.
Bankruptcy. The Company A Party (1) is dissolved (other than pursuant to a consolidation, amalgamation or any of merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any relief under any Bankruptcy Law, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage is presented for its winding-up or liquidation, and in the case of any other law providing such proceeding or petition instituted or presented against it, such proceeding or petition (A) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the relief making of debtorsan order for its winding-up or liquidation or (B) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 30 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets; (7) has a secured party take possession of all or substantially all of its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or rescinded, in each case within thirty 30 days thereafter; (30) days8) causes or is subject to any event with respect to it that, any petition filed against it in any involuntary case under such bankruptcy lawsapplicable Law, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events described in clauses (1) through (7); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
Bankruptcy. The Company or any of its Subsidiaries shall (i) apply forAny Security Party shall commence any case, consent proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or suffer relief of debtors, seeking to exist the appointment ofhave an order for relief entered with respect to it, or the taking seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of possession by, a receiver, trustee, custodian, trustee conservator or liquidator of itself other similar official for it or of for all or a any substantial part of its propertyassets, (ii) or any Security Party shall make a general assignment for the benefit of its creditors; or (ii) there shall be commenced against any Security Party any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 60 days; or (iii) commence there shall be commenced against any Security Party any case, proceeding or other action seeking issuance of a voluntary case under warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets which results in the federal bankruptcy laws entry of an order for any such relief which shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof; or (as now iv) any Security Party shall take any action in furtherance of, or hereafter indicating its consent to, approval of, or acquiescence in, any of the acts set forth in effectclause (i), (ivii), or (iii) be adjudicated a bankrupt above; or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtorsSecurity Party shall generally not, (vi) acquiesce or shall be unable to, without challenge within ten (10) days of the filing thereofor shall admit in writing its inability to, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;pay its debts as they become due; or
Bankruptcy. The Company or any of its Subsidiaries shall (i) apply for, consent The Borrower pursuant to or suffer within the meaning of any Bankruptcy Law (as herein defined) (a) commences a voluntary case, (b) consents to exist the entry of an order for relief against it in any involuntary case, (c) consents to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator Custodian (as herein defined) of itself or of it for all or a substantial part substantially all of its property, or (iid) make makes a general assignment for the benefit of its creditors; or (ii) a court of competent jurisdiction enters an order or decree under any Bankruptcy Law that remains unstayed and in effect for thirty (30) days that (a) is for relief against the Borrower in an involuntary case, (iiib) commence appoints a voluntary case under Custodian of the Borrower for all or substantially all of its property, or (c) orders the liquidation of the Borrower. The term Bankruptcy Law means Title 11, U. S. Code or any similar federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other state law providing for the relief of debtors. The term Custodian means any receiver, (vi) acquiesce totrustee, without challenge within ten (10) days of the filing thereofassignee, liquidator or failure to have dismissed, within thirty (30) days, similar official under any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;Bankruptcy Law.
Bankruptcy. The Company or any of its Subsidiaries shall Such Seller has not (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (iiib) commence a filed any voluntary case under petition in bankruptcy or suffered the federal bankruptcy laws (as now or hereafter in effect)filing of an involuntary petition by such Sellers creditors, (ivc) be adjudicated suffered the appointment of a bankrupt receiver to take possession of all or insolventsubstantially all of such Sellers assets, (vd) file a petition seeking to take advantage suffered the attachment or other judicial seizure of any other law providing for the relief all, or substantially all, of debtorssuch Sellers assets, (vie) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure admitted in writing its inability to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawspay its debts as they come due, or (viif) take any action for the purpose made an offer of effecting any of the foregoing;settlement, extension or composition to its creditors generally.
Bankruptcy. The Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
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Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Sellers creditors, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all, or hereafter in effect)substantially all, of Sellers assets, which remains pending or (iv) be adjudicated a bankrupt suffered the attachment or insolvent, (v) file a petition seeking to take advantage other judicial seizure of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereofall, or failure to have dismissedsubstantially all of Sellers assets, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;which remains pending.
Bankruptcy. The Company Any Note Party or any Restricted Subsidiary of its Subsidiaries any Note Party shall (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (iib) make a general assignment for the benefit of creditors, (iiic) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (ivd) be adjudicated a bankrupt or insolvent, (ve) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vif) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty forty-five (3045) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viig) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries Maker shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, or (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company shall: (i) admit in writing its inability to pay its debts as they become due; (ii) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for the Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment ofproperty, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, ; (iii) commence in the absence of such application, consent or acquiesce in, permit or suffer to exist the appointment of a voluntary case under trustee, receiver, sequestrator or other custodian for the federal bankruptcy laws (as now Company or hereafter in effect), for any part of its property; or (iv) be adjudicated a bankrupt permit or insolvent, (v) file a petition seeking suffer to take advantage exist the commencement of any bankruptcy, reorganization, debt arrangement or other law providing for the relief of debtorscase or proceeding under any bankruptcy or insolvency law, (vi) acquiesce toor any dissolution, without challenge within ten (10) days winding up or liquidation proceeding, in respect of the filing thereofCompany, and, if such case or proceeding is not commenced by the Company or converted to a voluntary case, such case or proceeding shall be consented to or acquiesced in by the Company or shall result in the entry of an order for relief. Then, and so long as such Event of Default is continuing for a period of two (2) Business Days in the case of non-payment under Section 7(a), a period of five (5) Business Days in the case of a cross default under Section 7(h), or failure to have dismissed, within for a period of thirty (30) dayscalendar days in the case of events under Sections 7(b) through 7(g) (and the event which would constitute such Event of Default, any petition filed against it in any involuntary case under such bankruptcy lawsif curable, or (vii) take any action for has not been cured), by written notice to the purpose of effecting any Company from the Investor Representative, all obligations of the foregoing;Company under this Note shall be immediately due and payable without presentment, demand, protest or any other action nor obligation of the Holder of any kind, all of which are hereby expressly waived, and Holder may exercise any other remedies the Holder may have at law or in equity. If an Event of Default specified in Section 7(i) above occurs, the principal of, and accrued interest on, all the Notes shall automatically, and without any declaration or other action on the part of any Holder, become immediately due and payable.
Bankruptcy. The Company or any of its Subsidiaries Maker shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, or (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;; or
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Bankruptcy. The Company or any of its Subsidiaries shall To the fullest extent permitted by applicable law, if Spinco (i) apply for, consent is unable to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its propertydebts when due, (ii) make a general makes any assignment for the benefit of creditors, (iii) commence a voluntary case files any petition under the federal bankruptcy laws (as now or hereafter in effect)insolvency laws, (iv) has a receiver or trustee to be appointed for its business or property, or (v) is adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtorsWalter may at its discretion terminate this Agreement, (vi) acquiesce to, without challenge within ten (10) upon 30 days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;prior written notice.
Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (iiib) commence a filed any voluntary case under petition in bankruptcy or suffered the federal bankruptcy laws (as now or hereafter in effect)filing of an involuntary petition by Sellers creditors, (ivc) be adjudicated suffered the appointment of a bankrupt receiver to take possession of all or insolventsubstantially all of Sellers assets, (vd) file a petition seeking to take advantage suffered the attachment or other judicial seizure of any other law providing for the relief all, or substantially all, of debtorsSellers assets, (vie) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure admitted in writing its inability to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawspay its debts as they come due, or (viif) take any action for the purpose made an offer of effecting any of the foregoing;settlement, extension or composition to its creditors generally.
Bankruptcy. The Company Any Loan Party or any of its Subsidiaries Subsidiary thereof shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (iii) make a general assignment for the benefit of creditors, (iiiiv) commence a voluntary case under the any state or federal bankruptcy or receivership laws (as now or hereafter in effect), (ivv) be adjudicated a bankrupt or insolventinsolvent (including by entry of any order for relief in any involuntary bankruptcy or insolvency proceeding commenced against it), (vvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vivii) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty forty-five (3045) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viiviii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Any Borrower, Guarantor, or any of its their respective Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state, provincial or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief or reorganization of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Borrower or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries Any Credit Party shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator, monitor, receiver and manager or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state, provincial or federal bankruptcy or insolvency/arrangement laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries shall If Seller (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within [***] days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Sellers assets, and such order, judgment or decree is not vacated or set aside or stayed within [***] days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, (vi) acquiesce to, without challenge within ten (10) days any court of competent jurisdiction shall assume custody or control of the filing thereof, whole or failure to have dismissed, any substantial part of Sellers assets and such custody or control is not terminated or stayed within thirty (30) days, any petition filed against it in any involuntary case under [***] days from the date of assumption of such bankruptcy laws, custody or (vii) take any action for the purpose of effecting any of the foregoing;control.
Bankruptcy. The Company shall: (i) admit in writing its inability to pay its debts as they become due; (ii) apply for, consent to, or acquiesce in, the appointment of a trustee, receiver, sequestrator or other custodian for the Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment ofproperty, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, ; (iii) commence in the absence of such application, consent or acquiesce in, permit or suffer to exist the appointment of a voluntary case under trustee, receiver, sequestrator or other custodian for the federal bankruptcy laws (as now Company or hereafter in effect), for any part of its property; or (iv) be adjudicated a bankrupt permit or insolvent, (v) file a petition seeking suffer to take advantage exist the commencement of any bankruptcy, reorganization, debt arrangement or other law providing for the relief of debtorscase or proceeding under any bankruptcy or insolvency law, (vi) acquiesce toor any dissolution, without challenge within ten (10) days winding up or liquidation proceeding, in respect of the filing thereofCompany, and, if such case or proceeding is not commenced by the Company or converted to a voluntary case, such case or proceeding shall be consented to or acquiesced in by the Company or shall result in the entry of an order for relief; then, and so long as such Event of Default is continuing for a period of two (2) Business Days in the case of non-payment under Section 6(a), a period of five (5) Business Days in the case of a cross-default under 6(h), or failure to have dismissed, within for a period of thirty (30) dayscalendar days in the case of events under Sections 6(b) through 6(g) (and the event which would constitute such Event of Default, any petition filed against it in any involuntary case under such bankruptcy lawsif curable, or (vii) take any action for has not been cured), by written notice to the purpose of effecting any Company from the Investor Representative, all obligations of the foregoing;Company under this Note shall be immediately due and payable without presentment, demand, protest or any other action nor obligation of the Holder of any kind, all of which are hereby expressly waived, and Holder may exercise any other remedies the Holder may have at law or in equity. If an Event of Default specified in Section 6(i) above occurs, the principal of, and accrued interest on, all the Notes shall automatically, and without any declaration or other action on the part of any Holder, become immediately due and payable.
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Bankruptcy. The Company Any Borrower or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other similar law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Either Party may terminate this Agreement immediately by providing written notice if the other Party: (a) applies for or any of its Subsidiaries shall (i) apply for, consent consents to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodiantrustee, trustee liquidator or liquidator custodian of itself or of all or a substantial part of its propertyassets, (iib) make becomes unable, or admits in writing its inability, to pay its debts generally as they mature, (c) makes a general assignment for the benefit of its creditors, (iiid) commence is dissolved or liquidated in full or in substantial part, (e) commences a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under the federal bankruptcy laws (as any bankruptcy, insolvency or other similar law now or hereafter in effect)effect or consents to such relief or to the appointment of or taking possession of its property by any official in such an involuntary case or such other proceeding commenced against it, (ivf) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take takes any action for the purpose of effecting any of the foregoing;, and (g) becomes the subject of an involuntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect that is not dismissed within ninety (90) days of commencement.
Bankruptcy. The Company Any Borrower, any Guarantor, any Subsidiary or Affiliate of any of its Subsidiaries Borrower shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (iii) make a general assignment for the benefit of creditors, (iiiiv) commence a voluntary case under the any state or federal bankruptcy or receivership laws (as now or hereafter in effect), (ivv) be adjudicated a bankrupt or insolventinsolvent (including by entry of any order for relief in any involuntary bankruptcy or insolvency proceeding commenced against it), (vvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vivii) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty forty-five (3045) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viiviii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Any Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, interim receiver, custodian, trustee or liquidator or like official of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case or proceeding under the applicable federal or foreign bankruptcy laws (as now or hereafter in effect), save and except for the proceedings referred to below under Sub-Section 2.1(h), (iv) be adjudicated a bankrupt or insolventbankrupt, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition or proceeding filed against it in any involuntary case or proceeding under such bankruptcy laws, or (viivi) take any action for the purpose of effecting any of the foregoing;.
Bankruptcy. The Company or Company, any of its Subsidiaries or any Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
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Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party: (1) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors rights, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage is presented for its winding-up or liquidation, and, in the case of any other law providing such proceeding or petition instituted or presented against it, such proceeding or petition (A) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the relief making of debtorsan order for its winding-up or liquidation or (B) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 30 days of the filing institution or presentation thereof, (5) has a resolution passed for its winding-up, official management or failure liquidation (other than pursuant to have a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 30 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (1) to (7) (inclusive); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The As used in this Agreement, the term Bankruptcy, with respect to the Company or a Member, shall refer to: (i) the appointment of a receiver, conservator, rehabilitator or similar officer for the Company or any of its Subsidiaries shall (i) apply forMember, consent to or suffer to exist unless the appointment of such officer shall be vacated and such officer discharged within one hundred twenty (120) days of the appointment; (ii) the taking of possession of, or the taking assumption of possession bycontrol over, a receiver, custodian, trustee or liquidator of itself or of all or a any substantial part of its propertythe property of the Company or any Member by any receiver, conservator, rehabilitator or similar officer or by the United States Government or any agency thereof, unless such property is relinquished within one hundred twenty (ii120) make days of the taking; (iii) the filing of a general petition in bankruptcy or the commencement of any proceeding under any present or future federal or state law relating to bankruptcy, insolvency, debt relief or reorganization of debtors by or against the Company or any Member provided, if filed against the Company or any Member, such petition or proceeding is not dismissed within thirty (30) days of the filing of the petition or the commencement of the proceeding; (iv) the making of an assignment for the benefit of creditorscreditors or a private composition, (iii) commence a voluntary case under arrangement or adjustment with the federal bankruptcy laws (as now creditors of the Company or hereafter in effect)any Member, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage the commencement of any other law providing for proceedings supplementary to the relief execution of debtorsany judgment against the Company or any Member, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, unless such proceeding is dismissed within thirty (30) days, any petition filed against days from the date it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;was commenced.
Bankruptcy. The Company or any of its Subsidiaries shall Purchaser has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, ; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all or hereafter in effect), substantially all of its assets; or (iv) be adjudicated a bankrupt suffered the attachment or insolvent, (v) file a petition seeking to take advantage other judicial seizure of any other law providing for the relief all or substantially all of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;its assets.
Bankruptcy. The Company or any of its Subsidiaries shall Purchaser has not (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (iiib) commence a filed any voluntary case under petition in bankruptcy or suffered the federal bankruptcy laws (as now or hereafter in effect)filing of an involuntary petition by Purchaser's creditors, (ivc) be adjudicated suffered the appointment of a bankrupt receiver to take possession of all or insolventsubstantially all of Purchaser's assets, (vd) file a petition seeking to take advantage suffered the attachment or other judicial seizure of any other law providing for the relief all, or substantially all, of debtorsPurchaser's assets, (vie) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure admitted in writing its inability to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawspay its debts as they come due, or (viif) take any action for the purpose made an offer of effecting any of the foregoing;settlement, extension or composition to its creditors generally.
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party: (l) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4)(A) institutes or has instituted against it, (iii) commence by a voluntary case regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under the federal any bankruptcy laws (as now or hereafter in effect)insolvency law or other similar law affecting creditors rights, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking to take advantage a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law providing or other similar law affecting creditors rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either (I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of debtorsan order for its winding-up or liquidation or (II) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 15 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official ma nagement or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 15 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (l) to (7) above (inclusive); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by creditors, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all, or hereafter in effect)substantially all, of its assets, (iv) be adjudicated a bankrupt suffered the attachment or insolventother judicial seizure of all, or substantially all, of its assets, (v) file a petition seeking admitted in writing an inability to take advantage of any other law providing for the relief of debtorspay debts as they come due, or (vi) acquiesce tomade an offer of settlement, without challenge within ten (10) days of the filing thereof, extension or failure compromises to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case creditors generally under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;applicable loan documents.
Bankruptcy. The Cause any of the following to occur with respect to the Company or any of its Subsidiaries shall Subsidiary Entity: (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general making an assignment for the benefit of creditors, (ii) filing a voluntary petition in bankruptcy, (iii) commence filing a voluntary case petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation or similar relief under the federal bankruptcy laws (as now any statute, law or hereafter in effect)regulation, (iv) be adjudicated filing an answer or other pleading admitting or failing to contest the material allegations of a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawsproceeding of this nature, (v) filing a petition seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator, whether for itself or for all or any substantial part of its properties, or (viivi) take taking any action for the purpose of effecting any in furtherance of the foregoing;.
Bankruptcy. The Company or any of its Subsidiaries shall A Party (i) apply forfiles a petition or otherwise commences, consent to authorizes or suffer to exist acquiesces in the appointment ofcommencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law, or the taking of possession by, a receiver, custodian, trustee has any such petition filed or liquidator of itself or of all or a substantial part of its propertycommenced against it, (ii) make a makes an assignment or any general assignment arrangement for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws otherwise becomes bankrupt or insolvent (as now or hereafter in effecthowever evidenced), (iv) be adjudicated has a bankrupt liquidator, administrator, receiver, trustee, conservator or insolventsimilar official appointed with respect to it or any substantial portion of its property or assets, or (v) file a petition seeking is generally unable to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;pay its debts as they become due.
Bankruptcy. The Company Any Loan Party, any Subsidiary or Affiliate of any of its Subsidiaries Loan Party shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (iii) make a general assignment for the benefit of creditors, (iiiiv) commence a voluntary case under the any state or federal bankruptcy or receivership laws (as now or hereafter in effect), (ivv) be adjudicated a bankrupt or insolventinsolvent (including by entry of any order for relief in any involuntary bankruptcy or insolvency proceeding commenced against it), (vvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vivii) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viiviii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries shall Owner has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by Owners creditors, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all or hereafter in effect)substantially all of Owners assets, (iv) be adjudicated a bankrupt suffered the attachment, or insolventother judicial seizure of all, or substantially all, of Owners assets, (v) file a petition seeking admitted in writing its inability to take advantage of any other law providing for the relief of debtorspay its debts as they come due, or (vi) acquiesce tomade an offer of settlement, without challenge within ten (10) days of the filing thereof, extension or failure compromise to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;its creditors generally.
Bankruptcy. The Company or any of its Subsidiaries shall has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by the Companys creditors, (iii) commence suffered the appointment of a voluntary case under receiver to take possession of all or substantially all of the federal bankruptcy laws (as now or hereafter in effect)Companys assets, (iv) be adjudicated a bankrupt suffered the attachment, or insolventother judicial seizure of all, or substantially all, of the Companys assets, (v) file a petition seeking admitted in writing its inability to take advantage of any other law providing for the relief of debtorspay its debts as they come due, or (vi) acquiesce tomade an offer of settlement, without challenge within ten (10) days of the filing thereof, extension or failure compromise to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;its creditors generally.
Bankruptcy. The Company or any of its Subsidiaries shall (i) Company, Corporate Guarantor (or any other Person obligated, as guarantor or otherwise, to make payments on the Bonds or under the Lease Agreement or this Guaranty) shall (A) apply for, for or consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator, or liquidator the like of itself Company, Corporate Guarantor (or such other Person) or of all or a any substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iiiB) commence a voluntary case under the federal bankruptcy laws United States Bankruptcy Code (as now or hereafter in effect), or (iv) be adjudicated a bankrupt or insolvent, (vC) file a petition seeking to take advantage of any other law providing for relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts; or (ii) A proceeding or case shall be commenced, which case or proceeding shall not be dismissed within 90 days, without the relief application or consent of debtorsCompany, Corporate Guarantor (or any other Person obligated, as guarantor or otherwise, to make payments on the Bonds or under the Lease Agreement), in any court of competent jurisdiction, seeking (A) the liquidation, reorganization, dissolution, winding-up, or composition or adjustment of debts, of Company, Corporate Guarantor, (viB) acquiesce tothe appointment of a trustee, without challenge within ten (10) days of the filing thereofreceiver, custodian, liquidator, or failure to have dismissedthe like of Company, within thirty Corporate Guarantor (30or any such other Person) days, or of all or any petition filed against it in any involuntary case under such bankruptcy lawssubstantial part of its respective property, or (viiC) take similar relief in respect of Company or Corporate Guarantor (or any action for the purpose such other Person) under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of effecting any of the foregoing;debts.
Bankruptcy. The Company party, any Credit Support Provider of such party or any applicable Specified Entity of such party:-- (l) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4)(A) institutes or has instituted against it, (iii) commence by a voluntary case regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under the federal any bankruptcy laws (as now or hereafter in effect)insolvency law or other similar law affecting creditors rights, (iv) be adjudicated a bankrupt or insolvent, (v) file a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or (B) has instituted against it a proceeding seeking to take advantage a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law providing or other similar law affecting creditors rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either (I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of debtorsan order for its winding-up or liquidation or (II) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 15 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a conso lidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all its assets; (7) has a secured party take possession of all or substantially all its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or restrained, in each case within thirty 15 days thereafter; (30) days8) causes or is subject to any event with respect to it which, under the applicable laws of any petition filed against it in any involuntary case under such bankruptcy lawsjurisdiction, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;events specified in clauses (l) to (7) above (inclusive); or (9) takes any action in fu rtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts; or
Bankruptcy. The Company or any of its Subsidiaries shall Seller has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, ; (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors; (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), receiver to take possession of any of its assets; (iv) be adjudicated a bankrupt suffered the attachment or insolvent, other judicial seizure of any of its assets; (v) file a petition seeking admitted in writing its inability to take advantage of any other law providing for the relief of debtors, pay its debts as they become due; (vi) acquiesce tomade an offer of settlement, without challenge within ten (10) days of the filing thereof, extension or failure composition to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, its creditors generally; or (vii) take any action for become insolvent, or would be made insolvent by the purpose of effecting any consummation of the foregoing;transactions contemplated herein (each, a Bankruptcy/Dissolution Event).
Bankruptcy. The Company or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten thirty (1030) days of the filing thereof, or failure to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;; or
Bankruptcy. The Company or any of its Subsidiaries Any Loan Party shall (i) apply or file for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, interim receiver, sequestrator, administrator, monitor, custodian, trustee trustee, liquidator or liquidator any other Person with similar powers or fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) be issued or enforced upon or against all of the Collateral, or any substantial part of the Collateral a distress, warrant, garnishment, attachment, sequestration, execution, levy, writ, or any other similar process or any third party demand issued by any Governmental Body, administrative body or taxation authority or any other seizure is made by any such authorities on any part of the Collateral, (iv) commence a voluntary case or proceeding under the any provincial, state or federal bankruptcy laws (as now or hereafter in effect)) or other Applicable Law in relation to bankruptcy, insolvency, reorganization, relief, or imposition for debtors including any application for a plan of compromise or arrangement or other corporate proceeding involving or affecting its creditors, (ivv) be declared or be adjudicated a bankrupt or insolvent, (vvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vivii) file any proposal or notice of intention to make a proposal or a notice of intention to enforce security is issued under the Bankruptcy and Insolvency Act (Canada), (viii) be issued any notice of intention to enforce against the Collateral or any part thereof nor suffer the enforcement against same by any holder of any security, interest, mortgage, lien, charge, claim or any other encumbrance, (ix) be wound up, dissolved or liquidated under any Applicable law or otherwise, or become subject to the Winding-up and Restructuring Act (Canada) or have its existence terminated or pass any resolution in connection with the foregoing, (x) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viixi) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company Parent, the Company, any of their Subsidiaries or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Appears in 2 contracts
Bankruptcy. The Company or any Borrower will not, without the approval of each of its Subsidiaries shall members and its Independent Manager, (i) apply forvoluntarily commence any proceeding or file any petition seeking liquidation, reorganization or other similar relief under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect; (ii) consent to or suffer to exist the appointment institution of, or fail to contest in a timely and appropriate manner, any proceeding or petition seeking (a) liquidation, reorganization or other similar relief in respect of the taking of possession byBorrower or its debts, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its propertyassets, under any Federal, state or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect or (iib) the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for the Borrower or for a substantial part of its assets; (iii) apply for or consent to the appointment of a receiver, trustee, custodian, sequestrator, conservator or similar official for the Borrower or for a substantial part of its assets; (iv) file an answer admitting the material allegations of a petition filed against it in any such proceeding; (v) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now ; or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;.
Bankruptcy. The Company or any of its Subsidiaries shall Buyer has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by Buyers creditors, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all, or hereafter in effect)substantially all, of Buyers assets, which remains pending or (iv) be adjudicated a bankrupt suffered the attachment or insolvent, (v) file a petition seeking to take advantage other judicial seizure of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereofall, or failure to have dismissedsubstantially all of Buyers assets, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;which remains pending.
Bankruptcy. The Company Any Borrower, Subsidiary of any Borrower or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company A Party (1) is dissolved (other than pursuant to a consolidation, amalgamation or any of merger); (2) becomes insolvent or is unable to pay its Subsidiaries shall debts or fails or admits in writing its inability generally to pay its debts as they become due; (i3) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any relief under any Bankruptcy Law, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage is presented for its winding-up or liquidation, and in the case of any other law providing such proceeding or petition instituted or presented against it, such proceeding or petition (A) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the relief making of debtorsan order for its winding-up or liqu idation or (B) is not dismissed, (vi) acquiesce todischarged, without challenge stayed or restrained in each case within ten (10) 30 days of the filing institution or presentation thereof; (5) has a resolution passed for its winding-up, official management or liquidation (other than pursuant to a consolidation, amalgamation or merger); (6) seeks or becomes subject to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets; (7) has a secured party take possession of all or substantially all of its assets or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets and such secured party maintains possession, or failure to have any such process is not dismissed, discharged, stayed or rescinded, in each case within thirty 30 days thereafter; (30) days8) causes or is subject to any event with respect to it that, any petition filed against it in any involuntary case under such bankruptcy lawsapplicable Law, or (vii) take any action for the purpose of effecting has an analogous effect to any of the foregoing;eve nts described in clauses (1) through (7); or (9) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.
Bankruptcy. The Cause any of the following to occur with respect to the Company or any of its Subsidiaries shall Subsidiary Entity: (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general making an assignment for the benefit of creditors, ; (ii) filing a voluntary petition in bankruptcy; (iii) commence filing a voluntary case petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation or similar relief under the federal bankruptcy laws (as now any statute, law or hereafter in effect), regulation; (iv) be adjudicated filing an answer or other pleading admitting or failing to contest the material allegations of a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy lawsproceeding of this nature; (v) filing a petition seeking, consenting to or acquiescing in the appointment of a trustee, receiver or liquidator, whether for itself or for all or any substantial part of its properties; or (viivi) take taking any action for the purpose of effecting any in furtherance of the foregoing;.
Bankruptcy. The Company American, on the one hand, or any of its Subsidiaries shall Eagle or Eagle Holding, on the other hand, (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make makes a general assignment for the benefit of creditorscreditors or becomes insolvent, (ii) files a voluntary petition in bankruptcy, (iii) commence a voluntary case under petitions for or acquiesces in the federal bankruptcy laws (as now appointment of any receiver, trustee or hereafter in effect)similar officer to liquidate or conserve its business or any substantial part of its assets, (iv) be adjudicated a bankrupt commences under the laws of any competent jurisdiction any proceeding involving its insolvency, bankruptcy, reorganization, readjustment of debt, dissolution, liquidation or insolventany other similar proceeding for the relief of financially distressed debtors, (v) file a petition seeking to take advantage becomes the object of any other law providing proceeding or action of the type described in (iii) or (iv) above and such proceeding or action remains undismissed or unstayed for the relief a period of debtorsat least sixty (60) days, or (vi) acquiesce to, without challenge within ten is involuntarily divested of a substantial part of its assets for a period of at least sixty (1060) days (each of the filing thereof, or failure to have dismissed, within thirty (30i) days, any petition filed against it in any involuntary case under such bankruptcy laws, or through (viivi) take any action for the purpose of effecting any of the foregoingabove an Insolvency Event);
Bankruptcy. The Company Maker or any of its Subsidiaries Guarantor shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;.
Bankruptcy. The Company or Neither the Seller, nor any of its Subsidiaries shall Subsidiaries, has (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all, or hereafter in effect)substantially all, of its assets, which remains pending or (iv) be adjudicated a bankrupt suffered the attachment or insolvent, (v) file a petition seeking to take advantage other judicial seizure of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereofall, or failure to have dismissedsubstantially all of its assets, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;which remains pending.
Bankruptcy. The Company Either Party may terminate this Agreement if the other Party (a) files a voluntary petition in bankruptcy or any insolvency, or for reorganization, or for an appointment of a receiver or trustee of such Party or of its Subsidiaries shall assets, (ib) apply forproposes a written agreement of composition or extension of its debts, consent to or suffer to exist the (c) has a bankruptcy proceeding filed against it (and such proceeding is not dismissed within thirty (30) days), (d) goes into voluntary dissolution, (e) has a receiver appointed (and such appointment ofis not terminated within thirty (30) days), or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (iif) make a makes any general assignment for the benefit of creditors. All rights and licenses granted under or pursuant to any Section of this Agreement are rights to intellectual property (as defined in Section 101(35A) of Title 11 of the United States Code, as amended (iii) commence a voluntary case the Bankruptcy Code)). Each Party shall retains and may fully exercise all of its rights and elections under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking Bankruptcy Code with respect to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;rights and licenses.
Bankruptcy. The Company Any Loan Party or any Subsidiary of its Subsidiaries any Loan Party shall (ia) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (iib) admit in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of its present business, (c) make a general assignment for the benefit of creditors, (iiid) commence a voluntary case under the any state or federal bankruptcy or receivership laws (as now or hereafter in effect), (ive) be adjudicated a bankrupt or insolventinsolvent (including by entry of any order for relief in any involuntary bankruptcy or insolvency proceeding commenced against it), (vf) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vig) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty sixty (3060) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viih) take any formal action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any of its Subsidiaries shall Q Bio represents and warrants that it has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by any creditor, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all or hereafter in effect)any portion of its assets, (iv) be adjudicated a bankrupt suffered the attachment or insolventjudicial seizure of all or any portion of its assets, (v) file a petition seeking admitted in writing to take advantage one or more of any other law providing for the relief of debtorsits lenders or trade creditors its inability to pay its debts as they come due, (vi) acquiesce tomade an offer of settlement, without challenge within ten (10) days of the filing thereof, extension or failure composition to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or its creditors generally nor (vii) take does it have any action for the purpose of effecting any of the foregoing;current intention to undertake such actions or Knowledge that such actions are being taken against it.
Bankruptcy. The Company or any of its Subsidiaries Any Borrower shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the any state or federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company party: (1) is dissolved; (2) becomes insolvent or any of fails or is unable or admits in writing its Subsidiaries shall inability generally to pay its debts as they become due; (i3) apply formakes a general assignment, consent to or suffer to exist the appointment ofarrangement, or the taking of possession by, a receiver, custodian, trustee composition with or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of its creditors; (4) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors rights, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing is presented for the relief winding-up or liquidation of debtorsthe party; (5) has a resolution passed for its winding-up or liquidation; (6) seeks or becomes subject to the appointment of an administrator, receiver, trustee, custodian, or other similar official for it or for all or substantially all its assets or (vi7) acquiesce takes any action in furtherance of, or indicating its consent to, without challenge within ten (10) days of the filing thereofapproval of, or failure to have dismissedacquiescence in, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;foregoing acts.
Appears in 2 contracts
Bankruptcy. The Company or any of its Subsidiaries Maker shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;.
Bankruptcy. The Company or any of its Subsidiaries shall Buyer has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary in bankruptcy or suffered the filing of any involuntary petition by the Buyers creditors (iii) commence suffered the appointment of a voluntary case under receiver to take possession of all, or substantially all, of the federal bankruptcy laws (as now Buyers assets, which remains pending or hereafter in effect), (iv) be adjudicated a bankrupt suffered the attachment or insolventother judicial seizure of all, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days substantially all of the filing thereofBuyers assets, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;which remains pending.
Bankruptcy. The Company Maker shall be adjudicated as bankrupt or any of its Subsidiaries shall (i) apply for, consent to or suffer to exist the appointment ofinsolvent, or the taking of possession byadmit in writing its inability to pay its debts as they mature, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general an assignment for the benefit of creditors; or the Maker shall apply for or consent to the appointment of a receiver, trustee, or similar officer for it or for all or any substantial part of its property; or such receiver, trustee or similar officer shall be appointed without the application or consent of the Maker and such appointment shall continue undis charged for a period of sixty (iii60) commence a voluntary case days; or the Maker shall institute (by petition, application, answer, consent or otherwise) any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, liquidation or similar proceeding relating to it under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing jurisdiction; or any such proceeding shall be instituted (by petition, application or otherwise) against the Maker and shall remain undismissed for a period of sixty (60) days; or any judgment, writ, warrant of attachment or execution or similar process shall be issued or levied against a substantial part of the relief property of debtorsthe Maker and such judgment, writ, or similar process shall not be released, vacated or fully bonded within sixty (vi) acquiesce to, without challenge within ten (1060) days of the filing thereof, after its issue or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;levy.
Bankruptcy. The Company or Except in connection with the Bankruptcy Cases, any of its Subsidiaries Loan Party shall (i) apply for, for or consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee trustee, liquidator or liquidator similar fiduciary of itself or of all or a substantial part of its property, (ii) admit by any officer in writing its inability, or be generally unable, to pay its debts as they become due or cease operations of all or a substantial part of its present business, (iii) make a general assignment for the benefit of creditors, (iiiiv) commence a voluntary case under the any state or federal bankruptcy or receivership laws (as now or hereafter in effect), (ivv) be adjudicated a bankrupt or insolventinsolvent (including by entry of any order for relief in any involuntary bankruptcy or insolvency proceeding commenced against it), (vvi) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vivii) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure fail to have dismissed, within thirty forty-five (3045) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (viiviii) take any corporate action for the purpose of effecting any of the foregoing;
Bankruptcy. The Company or any Any of its Subsidiaries shall the following: (i) apply forthe filing of any voluntary petition in bankruptcy on behalf of the Company; (ii) the consenting to the filing of any involuntary petition and bankruptcy against the Company; (iii) the filing on behalf of the Company of any petition seeking, consent or consenting to, the reorganization or relief under any applicable federal or state law relating to bankruptcy or suffer insolvency; (iv) the consenting to exist the appointment of, or the taking of possession by, a receiver, custodianliquidator, trustee assignee, trustee, sequestrator (or liquidator other similar official) of itself or of all the Company or a substantial part of its property, ; (iiv) make a general the making on behalf of the Company of any assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, ; (vi) acquiesce to, without challenge within ten (10) days the admission in writing of the filing thereof, or failure Companys inability to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, pay its debts generally as they become due; or (vii) the taking of any action by the Company in furtherance of any such action; provided, however, that such a decision shall require the approval of all of the representatives present at a meeting of the Management Committee at which a quorum is present or Unanimous Written Consent; provided, further, however, that if Lippert Management is removed as Operating Member of the Company pursuant to Section 2.06 (and as a result no longer has a representative on the Management Committee) and the then current mortgage lender for the Project fails or refuses to release any guaranty of James E. Lippert for which he would have liability upon the occurrence of one or more of the events specified in clauses (i) - (vii) immediately above, then for so long as Lippert Management remains a Member of the Company the approval of Lippert Management shall continue to be required for the Company to take any such action for the purpose of effecting any of the foregoingspecified in clauses (i) - (vii) immediately above until such guaranty is released or such mortgage loan is paid in full;
Bankruptcy. The Company or any of its Subsidiaries subsidiaries shall (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;
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Bankruptcy. The Company UMB may terminate this Agreement and the license granted hereunder if Company: (a) makes a general assignment for the benefit of creditors; (b) commences a case under or otherwise seeks to take advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution, or liquidation law, statute, or proceeding; (c) by any act indicates its Subsidiaries shall (i) apply forconsent to, consent to or suffer to exist the appointment approval of, or acquiescence in any proceeding or the taking appointment of possession by, a receiver, custodian, receiver of or trustee or liquidator of itself or of all for it or a substantial part of its property, (ii) make a general assignment for the benefit of creditorsor suffers any receivership, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereoftrusteeship, or failure proceeding to have dismissed, within continue undismissed for a period of thirty (30) days, any petition filed against it ; or (d) becomes a debtor in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any chapter of the foregoing;U.S. Bankruptcy Code.
Bankruptcy. The Company or any of its Subsidiaries Borrower shall (i) apply for, for or consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its propertyproperty or assets, (ii) make a general assignment for the benefit of its creditors, (iii) commence a voluntary case under the federal bankruptcy Bankruptcy Code or under the comparable laws of any jurisdiction (as now foreign or hereafter in effectdomestic), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any bankruptcy, insolvency, moratorium, reorganization or other similar law providing for affecting the relief enforcement of debtorscreditors' rights generally, (viv) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure in writing to have dismissed, within thirty (30) days, any petition filed against it in any an involuntary case under such bankruptcy lawsthe Bankruptcy Code or under the comparable laws of any jurisdiction (foreign or domestic), or (viivi) take any action for under the purpose laws of effecting any jurisdiction (foreign or domestic) analogous to any of the foregoing;.
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Bankruptcy. The Company or any of its Subsidiaries shall Such Seller has not (i) apply for, consent to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, (ii) make made a general assignment for the benefit of creditors, (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by such Seller's creditors, (iii) commence suffered the appointment of a voluntary case under the federal bankruptcy laws (as now receiver to take possession of all, or hereafter in effect)substantially all, of such Seller's assets, which remains pending or (iv) be adjudicated a bankrupt suffered the attachment or insolvent, (v) file a petition seeking to take advantage other judicial seizure of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereofall, or failure to have dismissedsubstantially all of such Seller's assets, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;which remains pending.
Bankruptcy. The Company or any of its Subsidiaries shall Immediately by providing written notice to the other Party: (i) apply for, consent to if proceedings in voluntary or suffer to exist the appointment of, or the taking of possession involuntary bankruptcy are initiated by, on behalf of or against the other Party (and, in the case of any such involuntary proceeding, not dismissed within [*] days); or (ii) if the other Party is adjudicated bankrupt, files a receiverpetition under applicable insolvency laws, custodian, trustee is dissolved or liquidator of itself or of has a receiver appointed for substantially all or a substantial part of its property, (ii) make a general assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), (iv) be adjudicated a bankrupt or insolvent, (v) file a petition seeking to take advantage of any other law providing for the relief of debtors, (vi) acquiesce to, without challenge within ten (10) days of the filing thereof, or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;; or
Bankruptcy. The Company or any of its Subsidiaries shall If Seller (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other Legal Requirements of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within sixty (60) days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Sellers assets, and such order, judgment or decree is not vacated or set aside or stayed within sixty (60) days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of Sellers assets and such custody or control is not terminated or stayed within sixty (vi) acquiesce to, without challenge within ten (1060) days from the date of the filing thereof, assumption of such custody or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;control.
Bankruptcy. The Company or any of its Subsidiaries shall If Buyer (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other Legal Requirements of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within sixty (60) days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Buyers assets, and such order, judgment or decree is not vacated or set aside or stayed within sixty (60) days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of Buyers assets and such custody or control is not terminated or stayed within sixty (vi) acquiesce to, without challenge within ten (1060) days from the date of the filing thereof, assumption of such custody or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;control.
Bankruptcy. The Company or any of its Subsidiaries shall If Seller (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within sixty (60) days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Sellers assets, and such order, judgment or decree is not vacated or set aside or stayed within sixty (60) days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, (vi) acquiesce to, without challenge any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of Sellers assets and such custody or control is not terminated or stayed within ten (10sixty(60) days from the date of the filing thereof, assumption of such custody or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;control.
Bankruptcy. The Company or any of its Subsidiaries shall If Seller (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within [***] ([***]) days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Sellers assets, and such order, judgment or decree is not vacated or set aside or stayed within [***] ([***]) days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the whole or any substantial part of Sellers assets and such custody or control is not terminated or stayed within[***] (vi) acquiesce to, without challenge within ten (10[***]) days from the date of the filing thereof, assumption of such custody or failure to have dismissed, within thirty (30) days, any petition filed against it in any involuntary case under such bankruptcy laws, or (vii) take any action for the purpose of effecting any of the foregoing;control.
Bankruptcy. The Company or any of its Subsidiaries shall If Seller (i) apply for, consent admits in writing its inability to or suffer to exist the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of pay its property, debts generally as they become due; (ii) make files a general petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State, district or territory thereof; (iii) makes an assignment for the benefit of creditors, (iii) commence a voluntary case under the federal bankruptcy laws (as now or hereafter in effect), ; (iv) be adjudicated consents to the appointment of a bankrupt receiver of the whole or insolvent, any substantial part of its assets; (v) file has a petition seeking to take advantage in bankruptcy filed against it, and such petition is not dismissed within [***] Confidential Treatment Requested [***] days after the filing thereof; or if (vi) a court of competent jurisdiction enters an order, judgment, or decree appointing a receiver of the whole or any substantial part of Sellers assets, and such order, judgment or decree is not vacated or set aside or stayed within [***] days from the date of entry thereof; or (vii) under the provisions of any other law providing for the relief or aid of debtors, (vi) acquiesce to, without challenge within ten (10) days any court of competent jurisdiction shall assume custody or control of the filing thereof, whole or failure to have dismissed, any substantial part of Sellers assets and such custody or control is not terminated or stayed within thirty (30) days, any petition filed against it in any involuntary case under [***] days from the date of assumption of such bankruptcy laws, custody or (vii) take any action for the purpose of effecting any of the foregoing;control.