Common use of Insolvency Clause in Contracts

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 70 contracts

Samples: Loan and Security Agreement (Synacor, Inc.), Loan and Security Agreement (Dova Pharmaceuticals Inc.), Loan and Security Agreement (Miragen Therapeutics, Inc.)

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Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 43 contracts

Samples: Subordinated Loan and Security Agreement (Roku, Inc), Loan and Security Agreement (NanoString Technologies Inc), Loan and Security Agreement (Zoom Telephonics, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 6 contracts

Samples: Loan and Security Agreement (Serve Robotics Inc. /DE/), Loan and Security Agreement (MedAvail Holdings, Inc.), Loan and Security Agreement (Mitek Systems Inc)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 6 contracts

Samples: Loan and Security Agreement (Fate Therapeutics Inc), Loan and Security Agreement (Zoosk, Inc), Loan and Security Agreement (Sierra Oncology, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 30 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 6 contracts

Samples: 2023 Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Loan and Security Agreement (Achieve Life Sciences, Inc.), Loan and Security Agreement (Beamr Imaging Ltd.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 5 contracts

Samples: Loan and Security Agreement (AVROBIO, Inc.), Loan and Security Agreement (Chimerix Inc), Loan and Security Agreement (Ziopharm Oncology Inc)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 4 contracts

Samples: Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc)

Insolvency. (a) Borrower or any of its Subsidiaries is are unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 45 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 4 contracts

Samples: Loan and Security Agreement (EyePoint Pharmaceuticals, Inc.), Loan and Security Agreement (Cue Biopharma, Inc.), Loan and Security Agreement (Candel Therapeutics, Inc.)

Insolvency. (a) A Co-Borrower or any of its Subsidiaries is unable fails to pay its debts (including trade debts) be solvent as they become due or otherwise becomes insolventdescribed under Section 5.6 hereof; (b) a Co-Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against a Co-Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 3 contracts

Samples: Mezzanine Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 45 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 3 contracts

Samples: Loan and Security Agreement (Environmental Impact Acquisition Corp), Loan and Security Agreement (6d Bytes Inc.), Loan and Security Agreement (Owlet, Inc.)

Insolvency. (a) Borrower or any of and its Subsidiaries is Subsidiaries, taken as a whole, are unable to pay its their debts (including trade debts) as they become due or otherwise becomes become insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 3 contracts

Samples: Loan and Security Agreement (Okta, Inc.), Loan and Security Agreement (Okta, Inc.), Loan and Security Agreement (Okta, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is are unable to pay its their debts (including trade debts) as they become due or or, taken as a whole, otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions Notes shall be made purchased while of any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 3 contracts

Samples: Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or is otherwise becomes insolventno longer solvent as described in Section 4.6; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 45 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Ibotta, Inc.), Loan and Security Agreement (Ibotta, Inc.)

Insolvency. (a) Either (i) Borrower is or any of becomes, or (ii) Parent and its Subsidiaries is unable to pay its debts (including trade debts) Subsidiaries, taken as they a whole, are or become due or otherwise becomes insolventInsolvent; (b) Borrower any Credit Party or any of its their Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower any Credit Party or any of its their Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist Credit Party or any Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Durata Therapeutics, Inc.), Loan and Security Agreement (Durata Therapeutics, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while of any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc)

Insolvency. (a) Any Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) any Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against any Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Aviat Networks, Inc.)

Insolvency. (a) Borrower is or becomes insolvent and any of its Subsidiaries Subsidiary, when taken as a whole with Borrower, is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolventInsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions Term Loans shall be made extended while Borrower or any of the conditions described in clause (a) exist Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);

Appears in 2 contracts

Samples: Loan and Security Agreement (Axcella Health Inc.), Loan and Security Agreement (Axcella Health Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 60 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);; 7.6

Appears in 1 contract

Samples: Redacted Loan and Security Agreement (Sonder Holdings Inc.)

Insolvency. (a) Borrower is or any of becomes Insolvent, or Borrower and its Subsidiaries is unable to pay its debts (including trade debts) Subsidiaries, taken as they a whole, are or become due or otherwise becomes insolventInsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while Borrower or any of the conditions described in clause (a) exist Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (RxSight, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries (other than Cardiosonix Ltd.) is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolventInsolvent; (b) Borrower or any of its Subsidiaries (other than Cardiosonix Ltd.) begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while Borrower or any of the conditions described in clause (a) exist Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries General Partner is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolventinsolvent or Borrower or General Partner fails to be solvent as described under Section 4.6 hereof; (b) Borrower or any of its Subsidiaries General Partner begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries General Partner and is not dismissed or stayed within thirty (30) 45 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement

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Insolvency. (a) Either (i) Borrower is or any of its Subsidiaries is unable to pay its debts becomes or (including trade debtsii) Borrower and their Subsidiaries, taken as they a whole, are or become due or otherwise becomes insolventInsolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while Borrower or any of the conditions described in clause (a) exist Subsidiary is Insolvent and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Pacira Pharmaceuticals, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) [***] days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Outset Medical, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions Advances shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Cutera Inc)

Insolvency. (a) Any Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) any Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against any Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 45 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);; 7.6

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty sixty (3060) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (RMG Networks Holding Corp)

Insolvency. (a) Borrower or and any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolventdue; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Sprout Social, Inc.)

Insolvency. (a) Borrower or any of its Subsidiaries is generally unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty forty-five (3045) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Datawatch Corp)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 60 days (but no Credit Extensions shall be made while any of the conditions described in clause (aA) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Atlas Crest Investment Corp.)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);; 8.6

Appears in 1 contract

Samples: Loan and Security Agreement (Luna Innovations Inc)

Insolvency. (a) Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty sixty (3060) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (RMG Networks Holding Corp)

Insolvency. (a) Borrower Any Obligor or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) Borrower an Obligor or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against Borrower such Obligor or any of its Subsidiaries and is not dismissed or stayed within thirty (30) days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan Agreement (Luna Innovations Inc)

Insolvency. (a) Any Borrower or any of its Subsidiaries is unable to pay its debts (including trade debts) as they become due or otherwise becomes insolvent; (b) any Borrower or any of its Subsidiaries begins an Insolvency Proceeding; or (c) an Insolvency Proceeding is begun against any Borrower or any of its Subsidiaries and is not dismissed or stayed within thirty (30) 45 days (but no Credit Extensions shall be made while any of the conditions described in clause (a) exist and/or or until any Insolvency Proceeding is dismissed);

Appears in 1 contract

Samples: Loan and Security Agreement (Outbrain Inc.)

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