Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 24 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (Enova International, Inc.), Credit Agreement (On Deck Capital Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 18 contracts
Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/), Financing Agreement (Federal Signal Corp /De/), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 18 contracts
Samples: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Mortons Restaurant Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 15 contracts
Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Computer Programs & Systems Inc), Credit Agreement (FutureFuel Corp.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted without stay under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 13 contracts
Samples: Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 13 contracts
Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust), Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Credit Agreement (Varco International Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 10 contracts
Samples: Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 10 contracts
Samples: Note Purchase Agreement (CAPSTONE TURBINE Corp), Note Purchase Agreement (Catasys, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, such Credit Party shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Credit Party, and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or
Appears in 8 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany Material Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any Material Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany Material Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 7 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Obligor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (iib) an involuntary case shall be commenced against Company or Holdings any Obligor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect and any such event described in this clause (b) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or (c) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Obligor, or over all or a substantial part of its respective property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Obligor for all or a substantial part of its respective property; , or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; orObligor.
Appears in 6 contracts
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii2) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or any Credit Party under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (iie) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 6 contracts
Samples: Credit Agreement (FS Investment Corp III), Credit Agreement (FS Energy & Power Fund), Credit Agreement (Apollo Debt Solutions BDC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw, which decree or order is shall not be stayed; or any other similar relief shall be granted under any applicable federal Federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings any Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany Material Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any Material Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdings, any Material Subsidiary; and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or;
Appears in 5 contracts
Samples: Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction shall enter a decree or order for relief in respect of Company any Loan Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Loan Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Loan Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Loan Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Loan Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 5 contracts
Samples: Credit Agreement (Corporate Office Properties Trust), Assignment Agreement (Corporate Office Properties Trust), Assignment Agreement (Corporate Office Properties Trust)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, dissolution, liquidation or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 5 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (Alliance Imaging Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Note Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Note Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Note Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Note Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Note Party, and any such event described in this clause (ii)) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company any Borrower or Holdings any Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company any Borrower or Holdings under the Bankruptcy Code or any Material Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Borrower or Holdingsany Material Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Borrower or Holdings any Material Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Borrower or Holdingsany Material Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Secured Credit Agreement (NXT-Id, Inc.), Senior Secured Credit Agreement (U.S. Well Services, Inc.), Intercreditor Agreement (U.S. Well Services, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings Seller in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings Seller under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or HoldingsSeller, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings Seller for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or HoldingsSeller, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawLaw; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Airbnb, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company any Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company any Borrower or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 4 contracts
Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Obligor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Obligor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Obligor, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings such Obligor for all or a substantial part of its respective their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Obligor, and any such event described in this clause (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc), Second Lien Credit Agreement (Beasley Broadcast Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Assignment Agreement (Transportation Technologies Industries Inc), Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Smartalk Teleservices Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Borrower or Holdings any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Borrower or Holdings under the Bankruptcy Code or any of its Restricted Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Restricted Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim a receiver, trustee or other custodian of Company Borrower or Holdings any of its Restricted Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany of its Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedstayed within 60 days of the entry thereof; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Senior Subordinated Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings Borrower under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or HoldingsBorrower, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings Borrower for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or HoldingsBorrower, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Apollo Real Estate Investment Fund Ii L P)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of their respective Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded bonded, discharged or dischargedstayed; or
Appears in 3 contracts
Samples: Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a final decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) forty-five days without having been stayed, dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relied Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded unless dismissed or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; , or (ii) any other similar relief shall be granted under any applicable federal or state lawor applicable foreign Law; or (ii) a petition for an involuntary case shall be commenced filed against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Company or Holdings, any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such event described events in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedvacated, discharged or stayed within 60 days of the entry thereof; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Holding Co.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction shall enter a decree or order for relief in respect of Company or Holdings Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; : or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or Borrower under any other applicable bankruptcy, insolvency insolvency, or other similar law now or hereafter in effect; , or a decree or order of a court having having, jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, Borrower or over all or a substantial part of any of its respective property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings for all or a substantial part of its respective property; property is involuntarily appointed, or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of Company or Holdings, Borrower and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated, or discharged; or
Appears in 3 contracts
Samples: Senior Credit Agreement (Digital Brands Group, Inc.), Senior Credit Agreement (Hylete), Senior Credit Agreement (Denim LA, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Obligor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Obligor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Obligor, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings such Obligor for all or a substantial part of its respective their property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Obligor, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and the continuance of any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Borg Warner Security Corp), Credit Agreement (Borg Warner Security Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Credit Party or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Physicians Realty Trust), Credit Agreement (Healthpeak Properties, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the GP, the Borrower or Holdings any Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the GP, the Borrower or Holdings under the Bankruptcy Code or any Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the GP, the Borrower or Holdingsany Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee liquidator, sequestrator, trustee, custodian or other custodian of Company officer having similar powers over the GP, the Borrower or Holdings for any Subsidiary, or over all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any all or a substantial part of the property of Company the GP, the Borrower or Holdingsany Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded dismissed or discharged; or;
Appears in 2 contracts
Samples: Counterpart Agreement (Alon USA Partners, LP), Credit and Guaranty Agreement (Alon USA Energy, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Leonardo DRS, Inc.), Bridge Credit and Guaranty Agreement (Leonardo DRS, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (TiVo Corp), Credit and Guaranty Agreement (TiVo Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Borrowers or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Intercreditor Agreement (Alion Science & Technology Corp), Assignment and Assumption Agreement (Alion Science & Technology Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (E Spire Communications Inc), Credit Agreement (E Spire Communications Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (iiB) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Material Subsidiaries, and the continuance of any such event described events in this clause subpart (iiB) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Owens Illinois Inc /De/), Company Pledge Agreement (Owens Illinois Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company a Borrower or Holdings any of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company a Borrower or Holdings any of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Person, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company a Borrower or Holdings any of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries, for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company a Borrower or Holdingsany of its Subsidiaries or LVSI, Venetian or any of their Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Parent or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against Company Parent or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian custodian, or other officer having similar powers over Company Parent by or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee trustee, or other custodian of Company Parent or Holdings any of its Subsidiaries for all or a substantial part of its respective property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of Company Parent or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded bonded, or discharged; , or
Appears in 2 contracts
Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of the Parent and its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of the Parent and its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of the Parent and its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of the Parent and its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of the Parent and its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Pfsweb Inc), Credit Agreement (Pfsweb Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings the Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; ;' or (ii) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, the Borrower or over all or a substantial part of any of its respective propertyassets and properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings the Borrower for all or a substantial part of its respective propertytheir assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property assets and properties of Company or Holdings, the Borrower and the continuance of any such event described events in this clause (ii) shall continue for sixty thirty (6030) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 2 contracts
Samples: Loan Agreement (Win Gate Equity Group Inc), Loan Agreement (Win Gate Equity Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Significant Subsidiaries in an involuntary case or similar proceeding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case or similar proceeding shall be commenced against Company or Holdings any of its Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Significant Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment or similar proceeding of an interim receiver, trustee or other custodian of Company or Holdings any of its Significant Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Significant Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been being dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Term Loan Agreement (Loews Cineplex Entertainment Corp), Priority Secured Credit Agreement (Loews Cineplex Entertainment Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a final decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective propertythe property of any Loan Party, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, any Loan Party and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been stayed, dismissed, bonded bonded, or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdings, any of its Subsidiaries and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. An involuntary case shall be commenced against the Company or any of the Company’s Subsidiaries and the petition shall not be dismissed, stayed, bonded or discharged within forty-five (i45) A days after commencement of the case; or a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of the Company’s Subsidiaries in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, local or state foreign law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a . A decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of the Company’s Subsidiaries or over all or a substantial part of its respective property, the property of the Company or any of the Company’s Subsidiaries shall have been be entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings for any of the Company’s Subsidiaries or of all or a substantial part of its respective property; the property of the Company or any of the Company’s Subsidiaries shall be appointed or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdings, any of the Company’s Subsidiaries shall be issued and any such event described in this clause (ii) shall continue for sixty (60) days without having been not be stayed, dismissed, bonded or discharged; ordischarged within forty-five (45) days after entry, appointment or issuance.
Appears in 2 contracts
Samples: Credit Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in this clause (i) or clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (America West Holdings Corp), Term Loan Agreement (America West Holdings Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Senior Secured Note Purchase Agreement (Golden Arrow Merger Corp.), Credit and Guaranty Agreement (Equinix Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than any English Credit Party: (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state provincial law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent ---------------------------------------------------- having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayeddismissed, stayed or discharged within 60 days after filing; or any other similar relief shall be is not granted and remains unstayed or undismissed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against the Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Subsidiaries or over all or a substantial part of its any of their respective property, properties shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its their respective property; or a warrant of attachmentproperties is involuntarily appointed, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in events under this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC), Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; , or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; or (ii) a petition for an involuntary case shall be commenced filed against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Company or Holdings, any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such event described events in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty forty-five (6045) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of the Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings any of the Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectlaw; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of the Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of the Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of the Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or;
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, such Credit Party shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (ATN International, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawLaw; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Restricted Subsidiaries under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Restricted Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Restricted Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Restricted Subsidiaries, and any such event described in this clause (i) and (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such -95- 103 event described in this clause (i) or clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Security Agreement (America West Airlines Inc), Security Agreement (America West Airlines Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any Credit Party under any other applicable bankruptcy, insolvency insolvency, or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, any Credit Party or over all or a substantial part of any of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings for all or a substantial part of its respective propertyproperty is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of Company or Holdingsany Credit Party, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated, or discharged; or
Appears in 1 contract
Samples: Subordinated Credit Agreement (Lower Road Associates LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Holdings or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Holdings or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Holdings or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver-manager, trustee or other custodian of Company Holdings or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) thirty days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Term Loan and Guaranty Agreement (Fedders Corp /De)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Note Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Note Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Note Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Note Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Note Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Note Purchase Agreement (Osage Exploration & Development Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Emc Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Credit Party or Holdings any Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Credit Party or Holdings any Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Credit Party or Holdingsany Subsidiary, or over all or a substantial part of its respective propertyproperty and/or assets, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Credit Party or Holdings any Subsidiary for all or a substantial part of its respective propertyproperty and/or assets; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property and/or assets of Company any Credit Party or Holdingsany Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Citizens, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) thirty days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 90 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its material Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings for all or a substantial part any of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; ormaterial
Appears in 1 contract
Samples: Credit Agreement (Libbey Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ix) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Issuer or Holdings any other Note Party, in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (iiy) an involuntary case or other similar proceeding shall be commenced against Company the Issuer or Holdings under the Bankruptcy Code or any other Note Party under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Issuer or Holdingsany other Note Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Issuer or Holdings any other Note Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Issuer or Holdingsany other Note Party, and any such event described in this clause (iiy) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or;
Appears in 1 contract
Samples: Lordstown Motors Corp.
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any Significant Subsidiary, in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against the Company or Holdings under the Bankruptcy Code or any Significant Subsidiary, under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Subsidiaries or over all or a substantial part of its any of their respective propertyproperties, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Significant Subsidiaries for all or a substantial part of its their respective propertyproperties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of the Company or Holdings, any of its Significant Subsidiaries and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Significant Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Significant Subsidiary for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Significant Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, provincial or state territorial law; or (ii) an involuntary case shall be commenced against the Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, interim receiver, receiver and manager, monitor, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver and manager, monitor, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hydrofarm Holdings Group, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Other than the Chapter 11 Cases or with respect to Immaterial Subsidiaries, (i) A a court of competent jurisdiction shall enter a decree or order for relief or similar relief in respect of Company or Holdings any of Holdings’ Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law (domestic or foreign) now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against Company or Holdings any of Holdings’ Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law (domestic or foreign) now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises shall have been entered for the appointment of a receiver, interim receiver, receiver-manager, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or any of Holdings’ Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of Holdings’ Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Holdings or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of the Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsthe Company, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against the Company or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or EXHIBIT 10.1 hereafter in effect; , or a decree or order of a court having jurisdiction in the premises is entered for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdings, any of its Subsidiaries or over all or a substantial part of its any of their respective propertyproperties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its their respective property; properties is involuntarily appointed, or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in the case of each of the events specified in this clause (iib) shall continue such event continues for sixty (60) 60 days without having been being dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company any Borrower or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company any Borrower or Holdings any of its 175 184 Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Borrower or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against against, Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a final decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective propertythe property of any Loan Party, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) forty-five days without having been stayed, dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (T-Mobile US, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any Restricted Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company the Borrower or Holdings under the Bankruptcy Code or any Restricted Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany Restricted Subsidiary, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee liquidator, sequestrator, trustee, custodian or other custodian of Company officer having similar powers over the Borrower or Holdings for any Restricted Subsidiary, or over all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any all or a substantial part of the property of Company the Borrower or Holdingsany Restricted Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded dismissed or discharged; or;
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Restricted Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Restricted Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Restricted Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Restricted Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Restricted Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Madison Square Garden Co)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; oror 126
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A ---------------------------------------------------- court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Company or Holdings any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; , or (ii) any other similar relief shall be granted under any applicable federal or state or applicable foreign law; or (ii) a petition for an involuntary case shall be commenced filed against the Company or Holdings under the Bankruptcy Code or any of its Material Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; effect or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Material Subsidiaries, or over all or a substantial part substantially all of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Material Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part substantially all of the property of the Company or Holdings, any of its Material Subsidiaries shall be appointed involuntarily; and the continuance of any such event described events in this clause (ii) shall continue for sixty (60) 45 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Mattel Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Credit Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) ninety days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: First Lien Credit and Guaranty Agreement (Telvent Git S A)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company EAST\148781874.9 or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company any Loan Party or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company any Loan Party or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company any Loan Party or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company any Loan Party or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company any Loan Party or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; oror CHAR1\0000000x0
Appears in 1 contract
Samples: Credit Agreement (Neogenomics Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, dissolution, liquidation or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any if such event case or proceeding described in this clause (ii) is being diligently contested in good faith, shall continue for sixty (60) days without having been not be dismissed, bonded or dischargeddischarged within 60 days; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayeddismissed, stayed or discharged within 60 days after filing; or any other similar relief shall be is granted and remains unstayed or undismissed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against the Company or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over and of the Company or Holdings, or over all or a substantial part of any of its respective property, properties shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsproperties is involuntarily appointed, and any such event described in events under this clause (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
Samples: Junior Subordinated Loan Agreement (U S Aggregates Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Holdings, the Company or Holdings any of the Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Holdings, the Company or Holdings any of the Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, the Company or Holdingsany of the Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee 66 or other custodian of Holdings, the Company or Holdings any of the Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, the Company or Holdingsany of the Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, Insolvency Laws which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawInsolvency Laws; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Laws; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (FWT Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany of its Restricted Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any of its Restricted Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany of its Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingssuch Credit Party, or over all or a substantial part of its respective their property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings such Credit Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingssuch Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company Company, Enova, On Deck or Holdings in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company Company, Enova, On Deck or Holdings under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company Company, Enova, On Deck or Holdings, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company Company, Enova, On Deck or Holdings for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company Company, Enova, On Deck or Holdings, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Loan Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or Holdings any Loan Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdingsany Loan Party, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Loan Party for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or Holdingsany Loan Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; oror 8.7
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company the Borrower or Holdings any of its Subsidiaries shall have been entered in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be is commenced against Company the Borrower or Holdings under the Bankruptcy Code or any of its Subsidiaries under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company the Borrower or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company the Borrower or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company the Borrower or Holdingsany of its Subsidiaries, and the continuance of any such event events described in this clause (ii) shall continue for sixty (60) 60 consecutive days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Loan Agreement (Genesco Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of Company or Holdings any Co-Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against Company or Holdings under the Bankruptcy Code or any Co-Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Company or Holdings, any Co-Borrower or over all or a substantial part of its any of their respective propertyAssets and Properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of Company or Holdings any Co-Borrower for all or a substantial part of its their respective propertyAssets and Properties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property Assets and Properties of Company or Holdingsany Co-Borrower, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Skyline Multimedia Entertainment Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Either (i) A a court of competent jurisdiction shall enter a decree or order for relief in respect of the Company or Holdings any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Company or Holdings any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over the Company or Holdingsany of its Subsidiaries, or over all or a substantial part of its respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian of the Company or Holdings any of its Subsidiaries for all or a substantial part of its respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Company or Holdingsany of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or.
Appears in 1 contract
