Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 103 contracts
Samples: Credit Agreement (Textainer Group Holdings LTD), Management Services Agreement (Prospect Medical Holdings Inc), Security Agreement (Suburban Propane Partners Lp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 91 contracts
Samples: Abl Credit Agreement (Cole Haan, Inc.), Credit Agreement (Gates Industrial Corp PLC), Credit Agreement (NRG Energy, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 73 contracts
Samples: Credit Agreement (Chase Corp), Credit Agreement (Information Services Group Inc.), Credit Agreement (Paycom Software, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 71 contracts
Samples: Credit Agreement (Tile Shop Holdings, Inc.), Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Braemar Hotels & Resorts Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 57 contracts
Samples: Intercreditor Agreement (TransFirst Inc.), First Lien Credit Agreement (SMART Technologies Inc.), Credit Agreement (Performance Food Group Co)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 45 contracts
Samples: Credit Agreement (I3 Verticals, Inc.), Credit Agreement (Green Plains Partners LP), Credit Agreement (Green Plains Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 45 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (United States Cellular Corp), Credit Agreement (Telephone & Data Systems Inc /De/)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 32 contracts
Samples: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Pebblebrook Hotel Trust)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 29 contracts
Samples: Credit Agreement (Safehold Inc.), Credit Agreement (Envista Holdings Corp), Credit Agreement (Fortive Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 29 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (PMC Commercial Trust /Tx), Credit Agreement (Ii-Vi Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 25 contracts
Samples: Term Loan Agreement (Retail Opportunity Investments Partnership, LP), Term Loan Credit Agreement (Helen of Troy LTD), Credit Agreement (Global Partners LP)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 24 contracts
Samples: Credit Agreement (Health Care Property Investors Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Video Display Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 24 contracts
Samples: Credit Agreement (Phillips Edison Grocery Center Reit Ii, Inc.), Credit Agreement (Phillips Edison & Company, Inc.), Credit Agreement (Phillips Edison & Company, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 24 contracts
Samples: Credit Agreement (Tidewater Inc), Credit Agreement (Ciena Corp), Credit Agreement (Arris Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 23 contracts
Samples: Credit Agreement (C&J Energy Services Ltd.), Security Agreement (Polyone Corp), Transportation Services Agreement (QEP Midstream Partners, LP)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue issuance or levy; or
Appears in 23 contracts
Samples: Credit Agreement (Singer Madeline Holdings, Inc.), License Agreement (Sequential Brands Group, Inc.), Second Lien Term Loan Agreement (Sequential Brands Group, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levyPerson; or
Appears in 21 contracts
Samples: Credit Agreement (Pacific Sunwear of California Inc), Credit Agreement (Pacific Sunwear of California Inc), Credit Agreement (Hancock Fabrics Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or
Appears in 19 contracts
Samples: Securities Purchase Agreement (NOODLES & Co), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Alexion Pharmaceuticals Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 10 days after its issue issuance or levy; or
Appears in 18 contracts
Samples: Credit Agreement (Five Below, Inc), Credit Agreement (KOHLS Corp), Credit Agreement (Vertex Energy Inc.)
Inability to Pay Debts; Attachment. (i) Any the Parent or the Borrower becomes unable to pay its debts as they become due, or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 18 contracts
Samples: Term Loan Agreement (STAG Industrial, Inc.), Term Loan Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 18 contracts
Samples: Credit Agreement (Ligand Pharmaceuticals Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Digital Turbine, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 17 contracts
Samples: Credit and Guaranty Agreement (Ventas, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.), Credit and Guaranty Agreement (Ventas Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 16 contracts
Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Sensata Technologies Holding PLC)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 16 contracts
Samples: Credit Agreement (Lydall Inc /De/), Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc)
Inability to Pay Debts; Attachment. (i) Any Parent or Borrower becomes unable to pay its debts as they become due, or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 15 contracts
Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (American Realty Capital Trust, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 15 contracts
Samples: Credit Agreement (American Assets Trust, Inc.), Syndicated Facility Agreement (Kbr, Inc.), Assignment and Assumption (American Assets Trust, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 14 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Medassets Inc), Credit Agreement (Online Resources Corp)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Borrowers and the Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 14 contracts
Samples: Fourth Amended and Restated Credit Agreement (Nielsen CO B.V.), Credit Agreement (Nielsen Holdings B.V.), Credit Agreement (Nielsen Holdings N.V.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary that is not an Immaterial Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) calendar days after its issue or levy; or
Appears in 13 contracts
Samples: First Lien Credit Agreement (GMS Inc.), First Lien Credit Agreement (Evoqua Water Technologies Corp.), First Lien Credit Agreement (GMS Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 13 contracts
Samples: Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Education, Inc.)
Inability to Pay Debts; Attachment. (i) Any A Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 13 contracts
Samples: Credit Agreement (Cole Corporate Income Trust, Inc.), Credit Agreement (Cole Credit Property Trust Iv, Inc.), Credit Agreement (Cole Real Estate Investments, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Nexstar Entities and the Mission Entities, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 12 contracts
Samples: Credit Agreement (Nexstar Broadcasting Group Inc), Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 12 contracts
Samples: Credit Agreement (Advance Holdings, LLC), Credit Agreement (Mission Produce, Inc.), Credit Agreement (Boingo Wireless Inc)
Inability to Pay Debts; Attachment. (i) Any The Borrower or any other Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 11 contracts
Samples: Credit Agreement (California Pizza Kitchen Inc), Credit Agreement (Aecom Technology Corp), Term Credit Agreement (Powersecure International, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 11 contracts
Samples: Credit Agreement (Timken Co), Assignment and Assumption (Timken Co), Credit Agreement (Amerigon Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 10 contracts
Samples: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Hotels & Resorts, Inc.), Credit Agreement (Wyndham Hotels & Resorts, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 10 contracts
Samples: Credit Agreement (Teradyne, Inc), Credit Agreement (Qorvo, Inc.), Syndicated Facility Agreement (Interface Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or.
Appears in 10 contracts
Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Ahny-Iv LLC)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or
Appears in 10 contracts
Samples: Assignment and Assumption (Aflac Inc), Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof with a net worth in excess of $10,000,000 becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 9 contracts
Samples: Credit Agreement (Newmark Group, Inc.), Credit Agreement (Newmark Group, Inc.), Credit Agreement (Newmark Group, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of their respective Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 9 contracts
Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (EQT Midstream Partners, LP), Credit Agreement (CONE Midstream Partners LP), Credit Agreement (Noble Midstream Partners LP)
Inability to Pay Debts; Attachment. (i) Any Borrower or any other Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Resmed Inc), Credit Agreement, Credit Agreement (Resmed Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Relypsa Inc), Credit Agreement (Harmony Biosciences Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or.
Appears in 8 contracts
Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any A Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 8 contracts
Samples: Pledge Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.), Security Agreement (Ryman Hospitality Properties, Inc.)
Inability to Pay Debts; Attachment. (i) Any The Borrower, any Restricted Subsidiary or any other Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof member of the Consolidated Group becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or.
Appears in 8 contracts
Samples: Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes generally unable or admits in writing its general inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part substantially all of the property of any such Person the Borrower and the Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) consecutive days after its issue or levy; or
Appears in 8 contracts
Samples: Credit Agreement (YRC Worldwide Inc.), Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 8 contracts
Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)
Inability to Pay Debts; Attachment. (i) Any The Borrower or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Industrial Income Trust Inc.), Credit Agreement (Dividend Capital Diversified Property Fund Inc.), Credit and Term Loan Agreement (Dividend Capital Diversified Property Fund Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 10 days after its issue issuance or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Rh), Credit Agreement (Rh), Credit Agreement (Rh)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 ten (10) days after its issue issuance or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Stein Mart Inc), Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Rue Gilt Groupe, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 7 contracts
Samples: Assignment and Assumption (Michael Foods Group, Inc.), Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 forty-five days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Portfolio Recovery Associates Inc), Credit Agreement (Pra Group Inc), Credit Agreement (Pra Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue (other than the failure of any Project Debt Entity to pay any Project Debt), or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in an amount in excess of the Threshold Amount is issued or levied against all or any material part of the property properties of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 7 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (BTHC VII Inc), Credit Agreement (Barnes & Noble Inc), Term Loan and Security Agreement (BTHC VII Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Tibco Software Inc), Syndicated Facility Agreement (Interface Inc), Credit Agreement (Cadence Design Systems Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or of its Restricted Subsidiaries admits in writing its general inability or fails generally to pay its debts as they become due, due or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property Property of any such Person the Credit Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (R1 RCM Inc.), Credit Agreement (R1 RCM Inc. /DE), Credit Agreement (R1 RCM Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Assignment and Assumption (Sheridan Group Inc), Credit Agreement (Green Mountain Coffee Roasters Inc), Assignment and Assumption (Sheridan Group Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails to generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Societal CDMO, Inc.), Credit Agreement (Recro Pharma, Inc.), Credit Agreement (Recro Pharma, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries (other than an Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Fleetcor Technologies Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 45 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Shutterstock, Inc.), Pledge and Security Agreement (Equinix Inc), Credit Agreement (Equinix Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (La Quinta Holdings Inc.), Credit Agreement (ESH Hospitality, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Significant Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Assignment and Assumption (Varian Medical Systems Inc), Credit Agreement (American Residential Properties, Inc.), Assignment and Assumption (Varian Medical Systems Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Bois D Arc Energy, Inc.), Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable to or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property Property of any such Person and is not released, vacated Loan Party or fully bonded within 30 days after its issue or levyany Loan Party otherwise becomes insolvent; or
Appears in 6 contracts
Samples: Credit Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in an amount in excess of $10,000,000 is issued or levied against all or any material part of the property properties of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Griffin-American Healthcare REIT IV, Inc.), Credit Agreement (Griffin-American Healthcare REIT III, Inc.), Credit Agreement (Griffin-American Healthcare REIT III, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) calendar days (or such longer period for which a stay of enforcement is allowed by applicable Law) after its issue or levy; or.
Appears in 6 contracts
Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Borrower and its Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Credit Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Letter of Credit Facility Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management Corporation), Credit and Guaranty Agreement (Education Management Corporation)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Borrower and the Restricted Subsidiaries, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue issuance or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Syms Corp), Credit Agreement (Cache Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party A Borrower, any Restricted Subsidiary or any Subsidiary thereof the General Partner becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Loan Party and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (USD Partners LP), Security Agreement, Credit Agreement (USD Partners LP)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 6 contracts
Samples: Abl Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, due or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Greenbrook TMS Inc.), Credit Agreement (Establishment Labs Holdings Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof (other than an Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc), Credit Agreement (SS&C Technologies Holdings Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part substantially all of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 6 contracts
Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), Junior Lien Intercreditor Agreement (American Renal Associates Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/), Credit Agreement (Mettler Toledo International Inc/)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property Property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Fti Consulting Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of its Material Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Demand Media Inc.), Credit Agreement (Demand Media Inc.), Credit Agreement (Wright Medical Group Inc)
Inability to Pay Debts; Attachment. (i) Any Either Borrower or any other Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part a substantial portion of the property Property of any such Person and is not released, vacated or fully bonded within 30 60 consecutive days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts in excess of the Threshold Amount as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in respect of a claim in excess of the Threshold Amount is issued or levied against all or any material part of the property of any such Person the Loan Parties and their Subsidiaries, taken as a whole, and is not released, vacated vacated, stayed or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Amryt Pharma PLC), Credit Agreement (Amryt Pharma PLC), Bridge Credit Agreement (Novelion Therapeutics Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof (other than an Immaterial Subsidiary) becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, ; or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty days after its issue or levy; or
Appears in 5 contracts
Samples: Loan and Security Agreement (Intercloud Systems, Inc.), Credit Agreement (Titan Machinery Inc.), Credit Agreement (Ciber Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof of the Restricted Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated or fully bonded within 30 forty-five (45) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Mattress Firm Group Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Material Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied levied, in each case by judgment, against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 60 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary (other than any Immaterial Subsidiary) thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (CommScope Holding Company, Inc.), Credit Agreement (Rapid Roaming Co), Term Loan Credit Agreement (CommScope Holding Company, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue issuance or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Cache Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 forty-five (45) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (DocGo Inc.), Credit Agreement (KVH Industries Inc \De\), Assignment and Assumption (Emergent BioSolutions Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Note Party or any Subsidiary thereof of its Subsidiaries becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 thirty (30) days after its issue or levy; or
Appears in 5 contracts
Samples: Note Purchase Agreement (Terran Orbital Corp), Note Purchase Agreement (Tailwind Two Acquisition Corp.), Convertible Note and Warrant Purchase Agreement (Terran Orbital Corp)
Inability to Pay Debts; Attachment. (i) Any Borrower or any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (CNL Healthcare Properties, Inc.), Term Loan Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Restricted Subsidiary (other than an Immaterial Subsidiary) thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 forty-five (45) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Inability to Pay Debts; Attachment. (i) Any Loan Party Party, any Material Subsidiary or any Subsidiary thereof becomes three or more Subsidiaries that are not Material Subsidiaries become unable or admits admit in writing its their inability or fails fail generally to pay its their debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person Person(s) and is not released, vacated or fully bonded within 30 days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (McClatchy Co), Restatement Agreement (McClatchy Co), Credit Agreement (McClatchy Co)
Inability to Pay Debts; Attachment. (i) Any Loan Credit Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in an amount in excess of the Threshold Amount is issued or levied against all or any material part of the property properties of any such Person and is not released, vacated or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process in respect of a claim in excess of the Threshold Amount is issued or levied against all or any material part of the property of any such Person the Loan Parties, taken as a whole, and is not released, vacated vacated, stayed or fully bonded within 30 sixty (60) days after its issue or levy; or
Appears in 5 contracts
Samples: Senior Secured Credit Agreement (Global Power Equipment Group Inc.), Credit Agreement (U.S. Renal Care Inc), Senior Secured Credit Agreement (Global Power Equipment Group Inc.)
Inability to Pay Debts; Attachment. (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become duedue in the ordinary course of business, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levyPerson; or
Appears in 5 contracts
Samples: Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc)
