Common use of Insolvency; Voluntary Proceedings Clause in Contracts

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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, whether at stated maturity or otherwise; (ii) commences any Insolvency Proceeding with respect to itself; or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 7 contracts

Samples: Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Black Hills Corp /Sd/), Credit Agreement (Atmos Energy Corp)

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Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 5 contracts

Samples: Credit Agreement (Chalone Wine Group LTD), Credit Agreement (California Microwave Inc), Credit Agreement (Chalone Wine Group LTD)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower its Subsidiaries (i) ceases or fails to be solventSolvent, or (ii) 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; (iiiii) voluntarily ceases to conduct its business in the ordinary course; (iv) commences any Insolvency Proceeding with respect to itself; or (iiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 4 contracts

Samples: Credit Agreement (Packaged Ice Inc), Credit Agreement (Life Time Fitness Inc), Credit Agreement (Packaged Ice Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 4 contracts

Samples: Credit Agreement (Amazon Com Inc), Master Credit Agreement (Matlack Systems Inc), Administration Agreement (Adc Telecommunications Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower Borrower: (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, whether at stated maturity or otherwise; (ii) commences any Insolvency Proceeding with respect to itself; or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 3 contracts

Samples: Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp), Credit Agreement (Atmos Energy Corp)

Insolvency; Voluntary Proceedings. The Borrower or any Principal Subsidiary of the Borrower (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, whether at stated maturity or otherwisesubject to applicable grace periods, if any; (ii) makes an assignment for the benefit of creditors, (iii) commences any Insolvency Proceeding with respect to itself; or (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 3 contracts

Samples: Credit Agreement (Citgo Petroleum Corp), Credit Agreement (Citgo Petroleum Corp), Term Loan Agreement (Citgo Petroleum Corp)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Any Borrower (i) ceases or fails to be solvent, becomes insolvent 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 of Business; (iii) commences any Insolvency Proceeding with respect to itself; or (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 3 contracts

Samples: Loan Agreement (WebXU, Inc.), Credit Agreement (Scpie Holdings Inc), Loan Agreement (Bleach Group, Inc.)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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) commences any Insolvency Proceeding with respect to itself; , or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Cinco Resources, Inc.), Intercreditor Agreement (Cinco Resources, Inc.)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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 (iiiiv) 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 (Grainger W W Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower its material 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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower its Subsidiaries: (i) ceases or fails to be solvent, or Solvent; (ii) 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; (iiiii) voluntarily ceases to conduct its business in the ordinary course; (iv) commences any Insolvency Proceeding with respect to itself; or (iiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (WII Components, Inc.), Credit Agreement (PrimeWood, Inc.)

Insolvency; Voluntary Proceedings. The A Borrower or any Specified Subsidiary of the Borrower (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) commences any Insolvency Proceeding with respect to itself; or (iii) takes any organizational action to effectuate authorize, or authorize in furtherance of, any of the foregoing; or.

Appears in 2 contracts

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

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower Borrower's Subsidiaries (i) ceases or fails to be solvent, or generally fails to pay, Solvent or admits in writing its inability to pay, its debts as they become due, subject to applicable grace period, 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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Credentials Services International Inc), Credit Agreement (Credentials Services International Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower 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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 2 contracts

Samples: Credit Agreement (Motivepower Industries Inc), Credit Agreement (Abc Naco Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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 (iiiiv) takes any formal corporate action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Lsi Logic Corp)

Insolvency; Voluntary Proceedings. The A Borrower or any Subsidiary of the Borrower its Subsidiaries (i) ceases or fails fails, on a consolidated basis, to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, whether at stated maturity or otherwiseSolvent; (ii) other than as to Excluded Subsidiaries, voluntarily ceases to conduct its business in the ordinary course (; (iii) commences any Insolvency Proceeding with respect to itself; or (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Either Borrower (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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Asset Alliance Corp)

Insolvency; Voluntary Proceedings. The Any Borrower or any Material Subsidiary of the Borrower (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) commences any Insolvency Proceeding with respect to itself; or (iii) takes any corporate (or similar) action to effectuate or authorize any of the foregoing; oror (g)

Appears in 1 contract

Samples: Credit Agreement (Idex Corp /De/)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (i) ceases or fails to be solvent, becomes insolvent 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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Loan Agreement (Integrated Security Systems Inc)

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Insolvency; Voluntary Proceedings. The Borrower Borrower, any of its Subsidiaries or any Subsidiary of the Borrower Holdings (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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Sather Trucking Corp)

Insolvency; Voluntary Proceedings. The Borrower or any --------------------------------- Subsidiary of the Borrower (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, whether at stated maturity or otherwise; (ii) commences any Insolvency Proceeding with respect to itself; or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Atmos Energy Corp)

Insolvency; Voluntary Proceedings. The Either Co-Borrower or any Subsidiary of the a Co-Borrower (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, whether at stated maturity or otherwise; (ii) commences any Insolvency Proceeding with respect to itself; or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Avista Corp)

Insolvency; Voluntary Proceedings. The Any Borrower or any Material Subsidiary of the Borrower (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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Corp)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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) commences any Insolvency Proceeding with respect to itself; or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Royal Hawaiian Orchards, L.P.)

Insolvency; Voluntary Proceedings. The Any Borrower or any Material Subsidiary of the Borrower (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) commences any Insolvency Proceeding with respect to itself; or (iii) takes any corporate (or similar) action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Idex Corp /De/)

Insolvency; Voluntary Proceedings. The Borrower or any Material Subsidiary of the Borrower (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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or.

Appears in 1 contract

Samples: Credit Agreement (Seagate Technology Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower 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 (iiiiv) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Vista Eyecare Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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) commences any Insolvency Proceeding with respect voluntarily ceases to itself; or (iii) takes any action to effectuate or authorize any of conduct its business in the foregoing; orordinary course;

Appears in 1 contract

Samples: Bridge Credit Agreement (Lance Inc)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower (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 (iiiiv) takes any corporate action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Albertsons Inc /De/)

Insolvency; Voluntary Proceedings. The Borrower or any Subsidiary of the Borrower its Restricted 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) commences any Insolvency Proceeding with respect to itself; , or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Cinemark Usa Inc /Tx)

Insolvency; Voluntary Proceedings. The Borrower Borrower, Parent or any Subsidiary of the Borrower (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, whether at stated maturity or otherwise; (ii) commences any Insolvency Proceeding with respect to itself; or (iii) takes any action to effectuate or authorize any of the foregoing; or

Appears in 1 contract

Samples: Uncommitted Credit Agreement (International Assets Holding Corp)

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