Common use of Insolvency; Voluntary Proceedings Clause in Contracts

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 39 contracts

Samples: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp), Credit Agreement (McKesson Corp)

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Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 36 contracts

Samples: Credit Agreement (Regis Corp), Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)

Insolvency; Voluntary Proceedings. The Company Borrower or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 15 contracts

Samples: Term Loan Credit Agreement (Toro Co), Term Loan Credit Agreement (Toro Co), Senior Bridge Term Loan Agreement (McKesson Corp)

Insolvency; Voluntary Proceedings. The Company or any of its Material Subsidiary Subsidiaries (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 15 contracts

Samples: Credit Agreement (General Mills Inc), Three Year Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc)

Insolvency; Voluntary Proceedings. The Company Any Borrower or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 14 contracts

Samples: Assignment and Assumption (Idex Corp /De/), Credit Agreement (Toro Co), Credit Agreement (Idex Corp /De/)

Insolvency; Voluntary Proceedings. The Company or any Material Significant Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 6 contracts

Samples: Year Credit Agreement (Mgic Investment Corp), Bridge Credit Agreement (Mgic Investment Corp), Credit Agreement (Mgic Investment Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 6 contracts

Samples: Credit Agreement (Mdu Resources Group Inc), Credit Agreement (Mdu Resources Group Inc), Assignment Agreement (Mdu Resources Group Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 5 contracts

Samples: Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc)

Insolvency; Voluntary Proceedings. The Company Holdings or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 4 contracts

Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)

Insolvency; Voluntary Proceedings. The Company or any Material --------------------------------- Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 4 contracts

Samples: Credit Agreement (McKesson Corp), Credit Agreement (McKesson Hboc Inc), Credit Agreement (McKesson Hboc Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iiiii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 3 contracts

Samples: Credit Agreement (Labone Inc/), Credit Agreement (Labone Inc/), Credit Agreement (Labone Inc/)

Insolvency; Voluntary Proceedings. The Parent or the Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 3 contracts

Samples: Credit Agreement (Tower Automotive Inc), Credit Agreement (Trylon Corp/Mi/), Credit Agreement (Tower Automotive Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its Subsidiaries (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 3 contracts

Samples: Credit Agreement (Ross Stores Inc), Credit Agreement (Abc Naco Inc), Credit Agreement (Abc Rail Products Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or;

Appears in 3 contracts

Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (Century Business Services Inc), Credit Agreement (CBIZ, Inc.)

Insolvency; Voluntary Proceedings. The Company or any Material Specified Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp), Assignment Agreement (Briggs & Stratton Corp), Multicurrency Credit Agreement (Briggs & Stratton Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) consents to or commences any a voluntary Insolvency Proceeding with respect to itself; , or (iv) takes any corporate action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/)

Insolvency; Voluntary Proceedings. The Company or any Material Principal Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Assignment and Acceptance Agreement (Citgo Petroleum Corp), Acceptance Agreement (Citgo Petroleum Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary Subsidiary: (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts generally as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Smith a O Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary Subsidiary: (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Smith a O Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Credit Agreement (American Disposal Services Inc), Credit Agreement (Air Cure Technologies Inc /De)

Insolvency; Voluntary Proceedings. The Company Any Obligors, or any Material Significant Subsidiary Group (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, pay its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Eagle Finance Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Credit Agreement (Grainger W W Inc), Credit Agreement (Lee Enterprises Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Significant Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or;

Appears in 2 contracts

Samples: Credit Agreement (Zenith National Insurance Corp), Credit Agreement (Zenith National Insurance Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary coursecourse (except as permitted hereunder); (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Vans Inc), Credit Agreement (Vans Inc)

Insolvency; Voluntary Proceedings. The Company Company, the Borrower or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or;

Appears in 2 contracts

Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (National Semiconductor Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary Subsidiary: (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Smith a O Corp)

Insolvency; Voluntary Proceedings. The Any Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 2 contracts

Samples: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Quality Food Centers Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; , (ii) voluntarily ceases to conduct its business in the ordinary course; , (iii) commences any Insolvency Proceeding with respect to itself; , or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Bridge Loan Agreement (Innoveda Inc), Bridge Loan Agreement (Mentor Graphics Corp)

Insolvency; Voluntary Proceedings. The Company Either of the Companies or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Day Credit Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)

Insolvency; Voluntary Proceedings. The Company Company, SPC, or any Material Subsidiary of the Company's Restricted Subsidiaries (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Maxxam Group Holdings Inc), Credit Agreement (Maxxam Group Holdings Inc)

Insolvency; Voluntary Proceedings. The Company Company, the Parent, or --------------------------------- any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)

Insolvency; Voluntary Proceedings. The Company or any Material --------------------------------- Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Pledge Agreement (Cb Commercial Real Estate Services Group Inc), Pledge Agreement (Cb Richard Ellis Services Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its Subsidiaries (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Bedford Property Investors Inc/Md)

Insolvency; Voluntary Proceedings. The Company Purchaser or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or;

Appears in 1 contract

Samples: Financing and Share Purchase Agreement (Lance Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Restricted Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Revolving Credit Agreement (Wisconsin Central Transportation Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or;

Appears in 1 contract

Samples: Day Revolving Credit Agreement (Deluxe Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its Significant Subsidiaries, (i) ceases or fails to be solvent, solvent or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Science Applications International Corp)

Insolvency; Voluntary Proceedings. The Company Company, the Parent or any Material Investment Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Letter of Credit Agreement (Delphi International LTD)

Insolvency; Voluntary Proceedings. The Company Company, the Parent or any Material --------------------------------- Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Pen Tab Industries Inc)

Insolvency; Voluntary Proceedings. The Any Specified Company or any Material Subsidiary (i) ceases shall cease or fails fail to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases commences or consents to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Significant Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (System Software Associates Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Significant Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; oror (g)

Appears in 1 contract

Samples: Credit Agreement (Precision Castparts Corp)

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Insolvency; Voluntary Proceedings. The A Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Multicurrency Credit Agreement (C P Clare Corp)

Insolvency; Voluntary Proceedings. The Company --------------------------------- or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Insolvency; Voluntary Proceedings. The Company Company, or any Material Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Loan Agreement (Harvest Capital Credit Corp)

Insolvency; Voluntary Proceedings. The Company or --------------------------------- any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; , or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Lance Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary ceases or fails to be Solvent; or the Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iiiii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or"

Appears in 1 contract

Samples: Credit Agreement (Labone Inc/)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp)

Insolvency; Voluntary Proceedings. The Any Specified Company or any Material Subsidiary (i) ceases shall cease or fails fail to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases commences or consents to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iviii) takes any action to effectuate or authorize any of the foregoing; or. (g)

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Greif Brothers Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; orthe

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its Subsidiaries (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; oror 8.1.7

Appears in 1 contract

Samples: Credit Agreement (Bedford Property Investors Inc/Md)

Insolvency; Voluntary Proceedings. The Company or any Material Significant Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Lee Enterprises Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Insurance Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Berkley W R Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, . or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; : (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Western Multiplex Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Abm Industries Inc /De/)

Insolvency; Voluntary Proceedings. The Company or any Material --------------------------------- Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Earthgrains Co /De/)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary --------------------------------- (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Globalcenter Inc)

Insolvency; Voluntary Proceedings. The Company or any Material --------------------------------- Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; , (ii) voluntarily ceases to conduct its business in the ordinary course; , (iii) commences any Insolvency Proceeding with respect to itself; , or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Bridge Loan Agreement (Mentor Graphics Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any corporate action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Cd Radio Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its Subsidiaries (ia) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (iib) voluntarily ceases to conduct its business in the ordinary course; (iiic) commences any Insolvency Proceeding with respect to itself; or (ivd) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Bedford Property Investors Inc/Md)

Insolvency; Voluntary Proceedings. The A Company or any Material Subsidiary of its Significant Subsidiaries (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, pay its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Stuart Entertainment Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement

Insolvency; Voluntary Proceedings. The Holdings, the Company or any Material Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (White Cap Holdings Inc)

Insolvency; Voluntary Proceedings. The Company or any --------------------------------- Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Cb Richard Ellis Services Inc)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its material Subsidiaries (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or;

Appears in 1 contract

Samples: Term Loan Agreement (Spartech Corp)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Kmart Corp)

Insolvency; Voluntary Proceedings. The Company Company, any other Borrower or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to paypay its debts, or admits in writing its inability to pay, pay its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Alberto Culver Co)

Insolvency; Voluntary Proceedings. The Company or any Material Subsidiary of its Subsidiaries (i) ceases or fails to be solventSolvent, or generally fails to pay, or admits in writing writ ing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Price Reit Inc)

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