Common use of Business Suspension, Bankruptcy, Etc Clause in Contracts

Business Suspension, Bankruptcy, Etc. If (i) Borrower or any of its Subsidiaries shall voluntarily suspend transaction of its business; (ii) Borrower or any of its Subsidiaries shall not pay its debts as they mature or admit in writing its inability generally to do so or shall make a general assignment for the benefit of creditors; (iii) proceedings in bankruptcy, or for reorganization or liquidation of Borrower or any of its Subsidiaries under the Bankruptcy Code or under any other state or federal law for the relief or debtors shall be commenced by Borrower; (iv) such proceedings shall be commenced against Borrower or any of its Subsidiaries and shall not be discharged within 60 days of commencement; or (v) a receiver, trustee or custodian shall be appointed for Borrower or any of its Subsidiaries or for any substantial portion of their respective properties or assets.

Appears in 2 contracts

Samples: Credit Agreement (Nexx Systems Inc), Credit Agreement (Nexx Systems Inc)

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Business Suspension, Bankruptcy, Etc. If (i) Borrower It shall be an Event of ------------------------------------ Default if Borrower, or any of its Subsidiaries shall voluntarily suspend transaction of its business; (ii) Borrower or if Borrower, or any of its Subsidiaries shall not pay its debts as they mature or admit in writing its inability generally to do so or shall make a general assignment for the benefit of creditors; (iii) or proceedings in bankruptcy, or for reorganization or liquidation of Borrower Borrower, or any of its Subsidiaries under the Bankruptcy Code or under any other state or federal law for the relief or of debtors shall be commenced by Borrower; (iv) such proceedings or shall be commenced against Borrower Borrower, or any of its Subsidiaries and shall not be discharged within 60 thirty (30) days of commencement; or (v) a receiver, trustee or custodian shall be appointed for Borrower Borrower, or any of its Subsidiaries or for any substantial portion of their respective properties or assets.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Symmetricom Inc)

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Business Suspension, Bankruptcy, Etc. If (i) Borrower or any of its Subsidiaries shall voluntarily suspend transaction of its business; (ii) Borrower or any of its Subsidiaries shall not pay its debts as they mature or admit in writing its inability generally to do so or shall make a general assignment for the benefit of creditors; (iii) proceedings in bankruptcy, or for reorganization or liquidation of Borrower or any of its Subsidiaries under the Bankruptcy Code or under any other state or federal law for the relief or debtors shall be commenced by Borrower; (iv) such proceedings shall be commenced against Borrower or any of its Subsidiaries and shall not be discharged within 60 30 days of commencement; or (ve) a receiver, trustee or custodian shall be appointed for Borrower or any of its Subsidiaries or for any substantial portion of their respective properties or assets.

Appears in 1 contract

Samples: Credit Agreement (Ballast Point Brewing & Spirits, Inc.)

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