Common use of Business Failure Clause in Contracts

Business Failure. Any act by, against or relating to any Loan Party, or its property or assets, which act constitutes the determination by any Loan Party to initiate or acquiesce to: a program of partial or total self-liquidation; an application for, consent to, or sufferance of the appointment of a receiver, trustee, or other person, pursuant to court action or otherwise, with respect to all or any part of any Loan Party’s property; the granting of any trust mortgage or execution of an assignment for the benefit of the creditors of any Loan Party; any other voluntary or involuntary liquidation or extension of debt agreement for any Loan Party; the offering by, or entering into by, any Loan Party of any composition, extension, or any other arrangement seeking relief from or extension of the debts of any Loan Party; or the initiation of any judicial or non-judicial proceeding or agreement by, against, or including any Loan Party which seeks or intends to accomplish a reorganization or arrangement with creditors; and/or the initiation by or on behalf of any Loan Party of the liquidation or winding up of all or any part of any Loan Party’s business or operations.

Appears in 7 contracts

Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Term Loan and Security Agreement (Destination Xl Group, Inc.), Revolving Credit Note (Casual Male Retail Group Inc)

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Business Failure. Any act by, against against, or relating to any Loan PartyBorrower, or its property or assets, which act constitutes the determination determination, by any Loan Party Borrower, to initiate or acquiesce to: a program of partial or total self-liquidation; an application for, consent to, or sufferance of the appointment of a receiver, trustee, or other person, pursuant to court action or otherwise, with respect to all over all, or any part of any Loan Party’s Borrower's property; the granting of any trust mortgage or execution of an assignment for the benefit of the creditors of any Loan Party; Borrower, or the occurrence of any other voluntary or involuntary liquidation or extension of debt agreement for any Loan PartyBorrower; the offering by, by or entering into by, by any Loan Party Borrower of any composition, extension, or any other arrangement seeking relief from or extension of the debts of any Loan PartyBorrower; or the initiation of any judicial or non-judicial proceeding or agreement by, against, or including any Loan Party Borrower which seeks or intends to accomplish a reorganization or arrangement with creditors; and/or the initiation by or on behalf of any Loan Party Borrower of the liquidation or winding up of all or any part of any Loan Party’s Borrower's business or operations.

Appears in 4 contracts

Samples: Loan and Security Agreement (Drugmax Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Gymboree Corp)

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Business Failure. Any act by, against or relating to any Loan Party, or its property or assets, which act constitutes the determination by any Loan Party to initiate or acquiesce to: a program of partial or total self-liquidation; an application for, consent to, or sufferance of the appointment of a receiver, trustee, or other person, pursuant to court action or otherwise, with respect to all or any part of any Loan Party’s 's property; the granting of any trust mortgage or execution of an assignment for the benefit of the creditors of any Loan Party; any other voluntary or involuntary liquidation or extension of debt agreement for any Loan Party; the offering by, or entering into by, any Loan Party of any composition, extension, or any other arrangement seeking relief from or extension of the debts of any Loan Party; or the initiation of any judicial or non-judicial proceeding or agreement by, against, or including any Loan Party which seeks or intends to accomplish a reorganization or arrangement with creditors; and/or the initiation by or on behalf of any Loan Party of the liquidation or winding up of all or any part of any Loan Party’s 's business or operations.

Appears in 1 contract

Samples: Loan and Security Agreement (Designs Inc)

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