Common use of Inability to Perform; Bankruptcy/Insolvency Clause in Contracts

Inability to Perform; Bankruptcy/Insolvency. (i) the Borrower, ------------------------------------------- any Guarantor or any Subsidiary dies or ceases to exist; or (ii) any Guarantor attempts to revoke any guaranty of the Obligations described herein, or any guaranty becomes unenforceable in whole or in part for any reason; or (iii) any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is commenced under any Federal or state law by or against the Borrower, any Guarantor or any Subsidiary; or (iv) the Borrower, any Guarantor or any Subsidiary becomes the subject of any out-of-court settlement with its creditors; or (v) the Borrower, any Guarantor or any Subsidiary is unable or admits in writing its inability to pay its debts as they mature; or (vi) the Borrower or any Subsidiary is closed or taken over by a Regulatory Agency.

Appears in 1 contract

Samples: Credit Agreement (Blackhawk Bancorp Inc)

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Inability to Perform; Bankruptcy/Insolvency. (i) the Borrower, ------------------------------------------- any Guarantor or any Subsidiary dies or ceases to existexist (except as otherwise permitted herein); or (ii) any Guarantor attempts to revoke any guaranty of the Obligations described herein, or any guaranty becomes unenforceable in whole or in part for any reason; or (iii) any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is commenced under any Federal or state law by or against the Borrower, any Guarantor or any Subsidiary; or (iv) the Borrower, any Guarantor or any Subsidiary becomes the subject of any out-of-court settlement with its creditors; or (v) the Borrower, any Guarantor or any Subsidiary is unable or admits in writing its inability to pay its debts as they mature; or (vi) the Borrower or any Subsidiary is closed or taken over by a Regulatory Agencybanking regulatory agency.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (United Community Bancshares Inc)

Inability to Perform; Bankruptcy/Insolvency. (i) the Borrower, ------------------------------------------- any Guarantor or any Subsidiary dies shall die or ceases cease to exist; or (ii) any Guarantor attempts shall attempt to revoke any guaranty of the Obligations described herein, or any guaranty becomes unenforceable in whole or in part for any reason; or (iii) any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is shall be commenced under any Federal or state law by or against the Borrower, any Guarantor or any Subsidiary; or (iv) the Borrower, any Guarantor or any Subsidiary becomes shall become the subject of any out-of-court settlement with its creditors; or (v) the Borrower, any Guarantor or any Subsidiary is unable or admits in writing its inability to pay its debts as they mature; or (vi) the Borrower or any Subsidiary is closed or taken over by a Regulatory AgencyAuthority.

Appears in 1 contract

Samples: Revolving Credit Agreement (Team Financial Inc /Ks)

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Inability to Perform; Bankruptcy/Insolvency. (i) the Borrower, ------------------------------------------- any Guarantor or any Subsidiary dies or ceases to exist; or (ii) any Guarantor attempts to revoke any guaranty of the Obligations described herein, or any guaranty becomes unenforceable in whole or in part for any reason; or (iii) any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is commenced under any Federal or state law by or against the Borrower, any Guarantor or any Subsidiary; or (iv) the Borrower, any Guarantor or any Subsidiary becomes the subject of any out-of-court settlement with its creditors; or (v) the Borrower, any Guarantor or any Subsidiary is unable or admits in writing its inability to pay its debts as they mature; or (vi) the Borrower or any Subsidiary is closed or taken over by a Regulatory Agency.settlement

Appears in 1 contract

Samples: Term Loan Agreement (United Community Bancshares Inc)

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