Insolvency; Voluntary Proceedings Sample Clauses

Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Borrower Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its propertyproperty (other than the appointment of a supervisor pursuant to Chapter 463B of the Nevada Revised Statutes or Indiana Code Chapter 4-33-21), (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party The Borrower or any of its Subsidiaries shall (ia) apply have an order for relief entered with respect to it under the Federal or consent to the appointment of a receiver, trustee, liquidator state bankruptcy laws as now or custodian of itself or of all or a substantial part of its propertyhereafter in effect, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iiib) make a general assignment for the benefit of its or any of its creditors, (ivc) be dissolved apply for, seek, consent to, or liquidated in full acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or in partsimilar official for it or any Substantial Portion of its Property, (vd) become insolvent (as such term may be defined or interpreted under institute any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization an order for relief under the Federal or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law state bankruptcy laws as now or hereafter in effect or consent seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced filed against it, or(e) take any corporate or partnership action to authorize or effect any of the foregoing actions set forth in this Section 7.06, (f) fail to contest in each casegood faith any appointment or proceeding described in Section 7.07 or (g) not pay, any analogous procedure or step is taken admit in any jurisdiction; orwriting its inability to pay, its debts generally as they become due.
Insolvency; Voluntary Proceedings. Any Loan Party The Company shall (iA) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (iiB) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iiiC) make a general assignment for the benefit of its or any of its creditors, (ivD) be dissolved or liquidated in full or in part, (vE) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viF) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Significant Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in partpart (except as expressly permitted by this Agreement), (v) become insolvent (as such term may be defined or interpreted under any applicable statute), Debtor Relief Law or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party Holdco or any of its Subsidiaries shall (i) apply have an order for relief entered with respect to it under the Federal or consent to the appointment of a receiver, trustee, liquidator state bankruptcy laws as now or custodian of itself or of all or a substantial part of its propertyhereafter in effect, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its creditors, (iii) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any Substantial Portion of its creditorsProperty, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under institute any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization an order for relief under the Federal or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law state bankruptcy laws as now or hereafter in effect or consent seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced filed against it, or(v) take any corporate or partnership action to authorize or effect any of the foregoing actions set forth in this Section 7.6, (vi) fail to contest in each casegood faith any appointment or proceeding described in Section 7.7 or (vii) not pay, any analogous procedure or step is taken admit in any jurisdiction; orwriting its inability to pay, its debts generally as they become due.
Insolvency; Voluntary Proceedings. Any Loan Party Borrower or any Significant Subsidiary shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viv) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each caseor (vi) take any action for the purpose of effecting any of the foregoing; or FIL, any analogous procedure Designated Borrower or step is taken any Material Subsidiary shall be dissolved or liquidated in any jurisdictionfull or in part; or
Insolvency; Voluntary Proceedings. Any Loan Party Borrower or any Significant Subsidiary shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viv) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each caseor (vi) take any action for the purpose of effecting any of the foregoing; or FIL, any analogous procedure Designated Borrower or step is taken any Material Subsidiary shall be dissolved or liquidated in any jurisdictionfull or in part; provided, however, that the dissolution, liquidation or termination of the existence of an Excluded Subsidiary shall not constitute an Event of Default under this Section 8.01(f); or
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its propertyProperty, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in partpart (except as permitted by Section 5.02(d)(iv)), (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property Property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) except in the case of an Immaterial Subsidiary, be dissolved or liquidated in full or in part, (v) except in the case of an Immaterial Subsidiary, become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party FIL, Borrower or any Significant Subsidiary shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viv) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, oror (vi) take any action for the purpose of effecting any of the foregoing; or FIL, Borrower or any Material Subsidiary shall be dissolved or liquidated in each case, any analogous procedure full or step is taken in any jurisdictionpart; or
Insolvency; Voluntary Proceedings. Any Loan Party Holdco or any of its Subsidiaries shall (ia) apply have an order for relief entered with respect to it under the Federal or consent to the appointment of a receiver, trustee, liquidator state bankruptcy laws as now or custodian of itself or of all or a substantial part of its propertyhereafter in effect, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iiib) make a general assignment for the benefit of its or any of its creditors, (ivc) be dissolved apply for, seek, consent to, or liquidated in full acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or in partsimilar official for it or any Substantial Portion of its Property, (vd) become insolvent (as such term may be defined or interpreted under institute any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization an order for relief under the Federal or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law state bankruptcy laws as now or hereafter in effect or consent seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced filed against it, or(e) take any corporate or partnership action to authorize or effect any of the foregoing actions set forth in this Section 7.06, (f) fail to contest in each casegood faith any appointment or proceeding described in Section 7.07 or (g) not pay, any analogous procedure or step is taken admit in any jurisdiction; orwriting its inability to pay, its debts generally as they become due.
Insolvency; Voluntary Proceedings. Any Loan Party Lessee or any of its Significant Subsidiaries shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, it or (vii) take any analogous procedure or step is taken in action for the purpose of effecting any jurisdiction; orof the foregoing.
Insolvency; Voluntary Proceedings. Any Loan Party The Borrower or any of its Subsidiaries shall (i) have an order for relief entered with respect to it under the Federal bankruptcy laws as now or hereafter in effect, (ii) make an assignment for the benefit of creditors, (iii) apply for for, seek, consent to, or consent to acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or custodian of itself similar official for it or of all or a substantial part any Substantial Portion of its propertyProperty, (iiiv) be unableinstitute any proceeding seeking an order for relief under the Federal bankruptcy laws as now or hereafter in effect or seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, (v) take any corporate action to authorize or effect any of the foregoing actions set forth in this Section 7.6, (vi) fail to contest in good faith any appointment or proceeding described in Section 7.7 or not pay, or admit in writing its inabilityinability to pay, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; ordue.
Insolvency; Voluntary Proceedings. (i) Any Loan Party or any Material Subsidiary shall commence any case, proceeding or other action (iA) apply under any existing or future Law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, arrangement, liquidation, winding-up or relief of debtors, seeking to have an order for relief entered with respect to it, or consent seeking to the adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (B) seeking appointment of a receiver, trustee, liquidator custodian, conservator or custodian of itself other similar official for it or of for all or a any substantial part of its property, (ii) be unableassets, or admit in writing its inability, to pay its debts generally as they mature, (iii) any Loan Party or Material Subsidiary shall make a general assignment for the benefit of its creditors; or (ii) there shall be commenced against any Loan Party or any Material Subsidiary any case, proceeding or other action of a nature referred to in clause (i) above which (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed, undischarged or unbonded for a period of 30 days; or (iii) there shall be commenced against any Loan Party or any Material Subsidiary any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of its creditorsassets which results in the entry of an order for any such relief with regard to all or any substantial part of its assets, which shall not have been vacated, discharged, or stayed or bonded pending appeal within 30 days from the entry thereof; or (iv) be dissolved any Loan Party or liquidated any Material Subsidiary shall take any action in full furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in partclause (i), (v) become insolvent (as such term may be defined or interpreted under any applicable statuteii), or (viiii) commence a voluntary case above; or other proceeding seeking liquidation(v) any Loan Party or any Material Subsidiary shall generally not, reorganization or other relief with respect to itself shall be unable to, or shall admit in writing its inability to, pay its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdictionas they become due; or
Insolvency; Voluntary Proceedings. Any Loan Borrower Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) except for any Excluded Subsidiary and except as otherwise permitted by Section 5.02(d)(i), be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party Borrower or any Significant Subsidiary shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viv) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, oror (vi) take any action for the purpose of effecting any of the foregoing; or any Borrower or any Material Subsidiary shall be dissolved or liquidated in full or in part; provided, in each casehowever, any analogous procedure that the dissolution, liquidation or step is taken in any jurisdictiontermination of the existence of an Excluded Subsidiary shall not constitute an Event of Default under this Section 8.01(f); or
Insolvency; Voluntary Proceedings. Any Loan Party Borrower or any of its Subsidiaries shall (i) file a voluntary petition or commence a voluntary case seeking liquidation, winding-up, reorganization, dissolution, arrangement, readjustment of debts or any other relief under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, (ii) consent to the institution of, or fail to controvert in a timely and appropriate manner, any petition or case of the type described in Section 9.1(g), (iii) apply for or consent to the appointment of or taking possession by a receivercustodian, trustee, liquidator receiver or custodian similar official for or of itself or of all or a substantial part of its propertyproperties or assets, (iiiv) be unablefail generally, or admit in writing its inability, to pay its debts generally as they maturebecome due, (iiiv) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), creditors or (vi) commence a voluntary case take any corporate action to authorize or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under approve any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to of the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; orforegoing;
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in partpart (except in a transaction permitted by Section 5.02(d)), (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) except as permitted hereunder, be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party shall (i) voluntarily commence any proceeding or file any petitions seeking liquidation, reorganization, or other relief under any Debtor Relief Law now or hereafter in effect, (ii) consent to the institution of, or fail to contest in a timely and appropriate manner, any proceeding or petition described in Section 11.1(e) below, (iii) apply for or consent to the an appointment of a receiver, trustee, liquidator custodian, sequestrator, conservator, or custodian of itself similar official or of all such Loan Party or a for its substantial part of its propertyassets, (iiiv) be unable, or admit file an answer admitting a material allegations of a petition filed against it in writing its inability, to pay its debts generally as they matureany such proceeding, (iiiv) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case take any corporate or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under action for the purpose of effecting any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to of the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; orforegoing.
Insolvency; Voluntary Proceedings. Any Loan Party Holdings, the Borrower or any Restricted Subsidiary shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in partpart (except in a transaction permitted by Section 5.02(d)), (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; or
Insolvency; Voluntary Proceedings. Any Loan Party Tenant or any of its Material Subsidiaries shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its it or any of its creditors, (iv) except as otherwise provided in Section 21.21 (d) below, be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, or (vi) take any analogous procedure or step is taken in action for the purpose of effecting any jurisdictionof the foregoing; or
Appears in 1 contract Master Lease (Adobe Systems Inc),
Insolvency; Voluntary Proceedings. Any Loan Party The Borrower or any Significant Subsidiary shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viv) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, oror (vi) take any action for the purpose of effecting any of the foregoing; or the Borrower or any Material Subsidiary shall be dissolved or liquidated in full or in part; provided, in each casehowever, any analogous procedure that the dissolution, liquidation or step is taken in any jurisdictiontermination of the existence of an Excluded Subsidiary shall not constitute an Event of Default under this Section 8.01(f); or
Insolvency; Voluntary Proceedings. Any Loan Party The Borrower or any of its Material Subsidiaries shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (viv) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, (vi) take any action for the purpose of effecting any of the foregoing; or (vii) be dissolved or liquidated in each case, any analogous procedure full or step is taken in any jurisdictionpart; or
Appears in 1 contract Loan Agreement (Century Aluminum Co),
Insolvency; Voluntary Proceedings. Any Loan Party The Borrower or any of its Material Subsidiaries shall (i) have an order for relief entered with respect to it under the Federal bankruptcy laws as now or hereafter in effect, (ii) make an assignment for the benefit of creditors, (iii) apply for for, seek, consent to, or consent to acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or custodian of itself similar official for it or of all or a substantial part any Substantial Portion of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditorsProperty, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under institute any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other an order for relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law the Federal bankruptcy laws as now or hereafter in effect or consent seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced filed against it, or(v) take any corporate or partnership action to authorize or effect any of the foregoing actions set forth in this paragraph, or (vi) fail to contest in each case, good faith any analogous procedure appointment or step is taken proceeding described in any jurisdiction; orparagraph (g) below;
Insolvency; Voluntary Proceedings. Any Loan Party The Borrower or any of its Subsidiaries shall (i) have an order for relief entered with respect to it under the Federal or state bankruptcy laws as now or hereafter in effect, (ii) make an assignment for the benefit of creditors, (iii) apply for for, seek, consent to, or consent to acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or custodian of itself similar official for it or of all or a substantial part any Substantial Portion of its propertyProperty, (iiiv) be unableinstitute any proceeding seeking an order for relief under the Federal or state bankruptcy laws as now or hereafter in effect or seeking to adjudicate it a bankrupt or insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, (v) take any corporate or partnership action to authorize or effect any of the foregoing actions set forth in this Section 7.6, (vi) fail to contest in good faith any appointment or proceeding described in Section 7.7 or (vii) not pay, or admit in writing its inabilityinability to pay, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in part, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, any analogous procedure or step is taken in any jurisdiction; ordue.
Insolvency; Voluntary Proceedings. Any Loan Party The Lessee or any of its Material Domestic Subsidiaries shall (i) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian of itself or of all or a substantial part of its property, (ii) be unable, or admit in writing its inability, to pay its debts generally as they mature, (iii) make a general assignment for the benefit of its or any of its creditors, (iv) be dissolved or liquidated in full or in partpart except as otherwise permitted by Section 9.2(c) of the Participation Agreement, (v) become insolvent (as such term may be defined or interpreted under any applicable statute), or (vi) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or consent to any such relief or to the appointment of or taking possession of its property by any official in an involuntary case or other proceeding commenced against it, or, in each case, or (vii) take any analogous procedure or step is taken in action for the purpose of effecting any jurisdictionof the foregoing; or
Appears in 1 contract Future Advance (Adobe Systems Inc)