Common use of Involuntary Bankruptcy; Appointment of Receiver, Etc Clause in Contracts

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower Sponsor or any of its Subsidiaries Relevant Party in an involuntary case under the Bankruptcy CodeInvoluntary Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawLaw; or (2ii) the continuance occurrence and continuation of any of the following events for sixty (60) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (aw) an involuntary case is commenced against Holdings, Borrower under the Bankruptcy Code or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law Law now or hereafter in effect; , is commenced, in which Sponsor or any Relevant Party is a debtor or any portion of the Collateral or any Membership Interest is property of the estate therein, (bx) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower Sponsor or any of its SubsidiariesRelevant Party, or over all or a substantial part of its property, is entered; or , (cy) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower Sponsor or any of its Subsidiaries, Relevant Party for all or a substantial part of the property of Holdingssuch Person or (z) a warrant of attachment, Borrower execution or similar process shall have been issued against any substantial part of the property of the Sponsor or any such Subsidiary; orRelevant Party;

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters of competent jurisdiction shall enter a decree or order for relief with in respect to Holdings, Borrower or of any of its Subsidiaries Loan Party in an involuntary case under the Bankruptcy CodeDebtor Relief Law, which decree or order is not stayed stayed, or any other similar relief is not shall be granted under any applicable federal or state law; , or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (aii) an involuntary case is shall be commenced against Holdings, Borrower or any of its Subsidiaries, Loan Party under any applicable bankruptcyDebtor Relief Law, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, interim receiver, receiver manager, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its SubsidiariesIssuer, or over all or a substantial part of its the any Loan Party’s property, is shall have been entered; or (c) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, Loan Party for all or a substantial part of its property or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdingsany Loan Party, Borrower or and any such Subsidiary; orevent described in this clause (ii) shall continue for 60 days without having been dismissed, bonded or discharged.

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, any Borrower or any of its Subsidiaries Party in an involuntary case Involuntary Borrower Bankruptcy, or Manager in a proceeding under the Bankruptcy CodeCode or under applicable bankruptcy, insolvency or other similar law where Manager is a debtor, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw unless dismissed within ninety (90) days; or (2ii) the occurrence and continuance of any of the following events for sixty ninety (6090) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (ax) an involuntary case Involuntary Borrower Bankruptcy is commenced against Holdingscommenced, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (by) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdingsany Borrower Party, Borrower or any of its Subsidiaries, Manager or over all or a substantial part of its or their property, is entered; , or (cz) an interim receiver, trustee or other custodian is appointed without the consent of Holdingsany Borrower Party or Manager, Borrower or any of its Subsidiariesapplicable, for all or a substantial part of the property of Holdings, Borrower or any such SubsidiaryPerson; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within 60 days; or (2ii) the continuance of any of the following events for sixty (60) 60 days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiaryof its Subsidiaries; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, Borrower any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Codeany applicable bankruptcy, reorganization, insolvency, receivership or other similar law now or hereafter in effect, which decree or order is not stayed or other similar relief is not granted under any applicable federal federal, provincial or state law; or (2) the continuance of any of the following events for sixty (60) 60 days unless dismissed, bonded or discharged: (a) an involuntary case case, petition or proceeding is commenced against Holdings, Borrower any Loan Party or any of its Subsidiaries, under any applicable bankruptcy, reorganization, insolvency or other similar law now or hereafter in effecteffect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); or (b) a decree or order of a court for the appointment of a receiver, receiver-manager, administrator, manager, liquidator, sequestrator, trustee, custodian or other officer fiduciary having similar powers over Holdings, Borrower any Loan Party or any of its Subsidiaries, or over all or a substantial part of its their respective property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiaryappointed; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters of competent jurisdiction shall enter a decree or order for relief with in respect to Holdings, Borrower of any Credit Party or any of its Subsidiaries Subsidiary in an involuntary case under the Bankruptcy CodeDebtor Relief Laws, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawstayed; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (aii) an involuntary case is shall be commenced against Holdings, Borrower any Credit Party or any of its Subsidiaries, Subsidiary under any applicable bankruptcy, insolvency or other similar law now or hereafter in effectDebtor Relief Laws; or (b) 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, Borrower any Credit Party or any of its SubsidiariesSubsidiary, or over all or a substantial part of its property, is shall have been entered; or (c) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower any Credit Party or any of its Subsidiaries, Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdings, Borrower any Credit Party or any Subsidiary, and any such Subsidiaryevent described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Restricted Subsidiaries in an involuntary case under the any Bankruptcy CodeLaw, which decree or order is not stayed or other similar relief is not granted under any applicable federal federal, provincial, state or state foreign law; or (2) the continuance of any of the following events for sixty forty-five (6045) days unless dismissed, bonded or discharged: (a) an involuntary petition, proceeding or case is commenced against Holdings, Borrower or any of its Restricted Subsidiaries, under any applicable bankruptcy, insolvency insolvency, reorganization or other similar law of any jurisdiction now or hereafter in effecteffect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); or (b) a decree or order of a court for the appointment of a receiver, receiver-manager, administrator, manager, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Restricted Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, receiver-manager, administrator, manager, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Restricted Subsidiaries, for all or a substantial part of the property of Holdingsof, such Borrower or any such its Restricted Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Codeany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its their respective property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1a) A court enters ---------------------------------------------------- having jurisdiction shall enter a decree or order for relief with in respect to Holdings, Borrower of the Company or any of its Subsidiaries Subsidiary in an involuntary case under the Bankruptcy CodeCode or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not dismissed, stayed or discharged within 60 days after filing; or any other similar relief is not granted and remains unstayed or undismissed under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (ab) an involuntary case is commenced against Holdings, Borrower the Company or any of its Subsidiaries, Subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) 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, Borrower the Company or any of its Subsidiaries, Subsidiaries or over all or a substantial part of its property, is any of their respective properties shall have been entered; or (c) an interim receiver, trustee or other custodian is appointed without of the consent of Holdings, Borrower Company or any of its Subsidiaries, Subsidiaries for all or a substantial part of the property of Holdingstheir respective properties is involuntarily appointed, Borrower such events under this clause (b) continue for 60 days unless dismissed, bonded, stayed, vacated or any such Subsidiarydischarged; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower the Sponsor or any of its Subsidiaries Relevant Party in an involuntary case under the Bankruptcy CodeInvoluntary Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawLaw; or (2ii) the continuance occurrence and continuation of any of the following events for sixty (60) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (aw) an involuntary case is commenced against Holdings, Borrower under the Bankruptcy Code or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law Law now or hereafter in effect; , is commenced, in which the Sponsor or any Relevant Party is a debtor or any portion of the Collateral or any Membership Interest is property of the estate therein, (bx) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower the Sponsor or any of its SubsidiariesRelevant Party, or over all or a substantial part of its property, is entered; or , (cy) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower the Sponsor or any of its Subsidiaries, Relevant Party for all or a substantial part of the property of Holdingssuch Person or (z) a warrant of attachment, Borrower execution or similar process shall have been issued against any substantial part of the property of the Sponsor or any such Subsidiary; orRelevant Party;

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters of competent jurisdiction shall enter a decree or order for relief with in respect to Holdings, Borrower or of any of its Subsidiaries Credit Party in an involuntary case under the Bankruptcy Codeany Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed stayed; or any other similar relief is not shall be granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is shall be commenced against Holdings, Borrower or any of its Subsidiaries, Credit Party under any applicable bankruptcy, insolvency or other similar law Debtor Relief Laws now or hereafter in effect; or (b) 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, Borrower or any of its SubsidiariesCredit Party, or over all or a substantial part of its property, is shall have been entered; or (c) there shall have occurred the involuntary appointment of an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, Credit Party for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Holdingsany Credit Party, Borrower or and any such Subsidiaryevent described in this clause (e) shall continue for 15 days without having been dismissed, bonded or discharged; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within sixty (60) days; or (2ii) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower any Loan Party or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower any Loan Party or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower any Loan Party or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower such Loan Party or any such Subsidiaryof its Subsidiaries; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A The entry by a court enters of competent jurisdiction of a decree or order for relief with in respect to of Holdings, the Borrower or any of its Subsidiaries other Loan Party (any such Person, a “Specified Person”) in an involuntary case under the Bankruptcy Codeany Debtor Relief Law now or hereafter in effect, which decree or order is not stayed or dismissed; or any other similar relief is not shall be granted under any applicable federal federal, state or state local law, which relief is not stayed or dismissed; or (2ii) the continuance commencement of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, Specified Person under any applicable bankruptcy, insolvency or other similar law now or hereafter Debtor Relief Law; the entry by a court having jurisdiction in effect; or (b) the premises of a decree or order of a court for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its SubsidiariesSpecified Person, or over all or a substantial part of its property, is entered; or (c) the involuntary appointment of an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, Specified Person for all or a substantial part of the property of Holdingsits property, Borrower which remains, in any case under this clause (f), undismissed, unvacated, unbonded or any such Subsidiaryunstayed pending appeal for 60 consecutive days; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief Any Insolvency Event shall occur with respect to Holdingsthe Borrower, Borrower or any of related Obligor, its Subsidiaries Holding Company in an involuntary case under the Bankruptcy CodeInvoluntary Loan Party Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw unless dismissed within sixty (60) days; or (2ii) Any Insolvency Event involving the occurrence and continuance of any of the following events for sixty (60) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (ax) an involuntary case Involuntary Loan Party Bankruptcy is commenced against Holdingswith respect to the Borrower, Borrower or any of related Obligor, its SubsidiariesHolding Company, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (by) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdingsany the Borrower, Borrower or any of related Obligor, its Subsidiaries, Holding Company or over all or a substantial part of its or their property, is entered; , or (cz) an interim receiver, trustee or other custodian is appointed without the consent of Holdingsthe Borrower, Borrower or any of its Subsidiariesrelated the Obligors or Holding Company, for all or a substantial part of the property of Holdings, Borrower or any such SubsidiaryPerson; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within thirty (30) days; or (2ii) the continuance of any of the following events for sixty thirty (6030) days unless dismissed, bonded or discharged: (aA) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, Subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (bB) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (cC) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, Subsidiaries for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdingsany Borrower Party, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy CodeInvoluntary Borrower Party Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2ii) the occurrence and continuance of any of the following events for sixty ninety (6090) days unless dismissed, bonded or dischargeddischarged within such time: (ax) an involuntary case Involuntary Borrower Party Bankruptcy is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effectcommenced; or (by) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, any Borrower or any of its Subsidiaries, Party or over all or a substantial part of its property, is enteredentered and not discharged within ninety (90) days; or (cz) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, any Borrower or any of its SubsidiariesParty, for all or a substantial part of the property of Holdingssuch Person and not discharged within ninety (90) days; or (iii) any breach or default occurs under Subsection 5.24(B) (in the case of a condition or event that may fall within part (ii) or this part (iii) of this Subsection 8.1(G), Borrower or any such Subsidiarythis part (iii) shall govern) and is not discharged within ninety (90) days; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within sixty (60) days; or (2ii) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, Subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, Subsidiaries for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, Borrower any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy CodeCode or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, stayed during the period of such stay, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower any Loan Party or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower any Loan Party or any of its Subsidiaries, or over all or a substantial part of its their respective property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower any Loan Party or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower any Loan Party or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Codeany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its 80 86 Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its their respective property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A An involuntary case shall be commenced against any Borrower or any Affiliate Guarantor and the petition shall not be dismissed, stayed, bonded or discharged within thirty (30) days after commencement of the case; or a court enters having jurisdiction in the premises shall enter a decree or order for relief with in respect to Holdings, of any Borrower or any of its Subsidiaries Affiliate Guarantor in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiariescase, under any applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect; or any other similar relief shall be granted under any applicable federal, state, local or foreign law; or (bii) 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 Holdings, any Borrower or any of its Subsidiaries, Affiliate Guarantor or over all or a substantial part of its property, the property subject to the Third Collateral Documents Amendment (as such term is defined in the Credit Agreement) shall be entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, any Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; orAffiliate Guarantor shall be appointed.

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A The entry by a court enters of competent jurisdiction of a decree or order for relief with in respect to of Holdings, the Borrower or any of its Subsidiaries other Loan Party (any such Person, a “Specified Person”) in an involuntary case under the Bankruptcy Codeany Debtor Relief Law now or hereafter in effect, which decree or order is not stayed or dismissed; or any other similar relief is not shall be granted under any applicable federal federal, state or state local law, which relief is not stayed or dismissed; or (2ii) the continuance commencement of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, Specified Person under any applicable bankruptcy, insolvency or other similar law now or hereafter Debtor Relief Law; the entry by a court having jurisdiction in effect; or (b) the premises of a decree or order of a court for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its SubsidiariesSpecified Person, or over all or a substantial part of its property, is entered; or (c) the involuntary appointment of an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, Specified Person for all or a substantial part of the property of Holdingsits property, Borrower which remains, in any case under this clause ‎(f), undismissed, unvacated, unbonded or any such Subsidiaryunstayed pending appeal for 60 consecutive days; oror 185

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower Sponsor or any of its Subsidiaries Relevant Party in an involuntary case under the Bankruptcy CodeInvoluntary Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawLaw; or (2ii) the continuance occurrence and continuation of any of the following events for sixty (60) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (aw) an involuntary case is commenced against Holdings, Borrower under the Bankruptcy Code or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law Law now or hereafter in effect; , is commenced, in which Sponsor or any Relevant Party is a debtor or any portion of the Collateral or any Membership Interest is property of the estate therein, (bx) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower Sponsor or any of its SubsidiariesRelevant Party, or over all or a substantial part of its property, is entered; or , (cy) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower Sponsor or any of its Subsidiaries, Relevant Party for all or a substantial part of the property of Holdingssuch Person or (z) a warrant of attachment, Borrower execution or similar process shall have been issued against any substantial part of the property of the Sponsor or any such SubsidiaryRelevant Party; or133 [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court ---------------------------------------------------- enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy CodeCode or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its their respective property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower or of any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within 60 days; or (2ii) the continuance of any of the following events for sixty (60) 60 days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, Subsidiaries under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having Credit Agreement/Atlantic Tele-Network, Inc. similar powers over Holdings, Borrower or any of its Subsidiaries, Subsidiaries or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiaryof its Subsidiaries; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower any SREC Seller Party or any of its Subsidiaries Relevant Party in an involuntary case under the Bankruptcy CodeInvoluntary Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawLaw; or (2ii) the continuance occurrence and continuation of any of the following events for sixty (60) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (aA) an involuntary case is commenced against Holdings, Borrower under the Bankruptcy Code or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law Law now or hereafter in effect; , is commenced, in which any SREC Seller Party or any Relevant Party is a debtor or any portion of the Collateral or any Membership Interest is property of the estate therein, (bB) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower any SREC Seller Party or any of its SubsidiariesRelevant Party, or over all or a substantial part of its propertyProperty, is entered; or , (cC) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower any SREC Seller Party or any of its Subsidiaries, Relevant Party for all or a substantial part of the property Property of Holdingssuch Person or (D) a warrant of attachment, Borrower execution or similar process shall have been issued against any substantial part of the Property of any SREC Seller Party or any such Subsidiary; orRelevant Party;

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to HoldingsSponsor, Borrower any SREC Seller Party or any of its Subsidiaries Relevant Party in an involuntary case under the Bankruptcy CodeInvoluntary Bankruptcy, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawLaw; or (2ii) the continuance occurrence and continuation of any of the following events for sixty (60) days unless dismissed, bonded dismissed or dischargeddischarged within such time: (aA) an involuntary case is commenced against Holdings, Borrower under the Bankruptcy Code or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law Law now or hereafter in effect; , is commenced, in which the Sponsor, any SREC Seller Party or any Relevant Party is a debtor or any portion of the Collateral or any Membership Interest is property of the estate therein, (bB) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over HoldingsSponsor, Borrower any SREC Seller Party or any of its SubsidiariesRelevant Party, or over all or a substantial part of its propertyProperty, is entered; or , (cC) an interim receiver, trustee or other custodian is appointed without the consent of HoldingsSponsor, Borrower any SREC Seller Party or any of its Subsidiaries, Relevant Party for all or a substantial part of the property Property of Holdingssuch Person or (D) a warrant of attachment, Borrower execution or similar process shall have been issued against any substantial part of the Property of the Sponsor, any SREC Seller Party or any such Subsidiary; orRelevant Party;

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) ---------------------------------------------------- A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within 60 days; or (2ii) the continuance of any of the following events for sixty (60) 60 days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiaryof its Subsidiaries; oror Credit Agreement/SureWest Communications

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters shall enter a decree or order for relief with in respect to Holdings, of the Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Codeany applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed stayed; or any other similar relief is not shall be granted and remain unstayed under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (aii) an involuntary case is commenced against Holdings, the Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) 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 Borrower or any of its Subsidiaries, or over all or a substantial part of any of its propertyassets and properties, is shall have been entered; or (c) an interim receiver, trustee or other custodian is appointed without of the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of its assets and properties is involuntarily appointed; or a warrant of attachment, execution or similar process is issued against any substantial part of the property assets and properties of Holdings, the Borrower or and the continuance of any such Subsidiary; orevents in this clause (ii) for thirty (30) days unless dismissed, bonded, stayed, vacated or discharged;

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within sixty (60) days; or (2ii) the continuance of Third Amended and Restated Credit Agreement/D&E Communications, Inc. any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower any Loan Party or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower any Loan Party or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower any Loan Party or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower such Loan Party or any such Subsidiaryof its Subsidiaries; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within sixty (60) days; or (2ii) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiaryof its Subsidiaries; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1) A court enters a decree or order for relief with respect to Holdings, . Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state law; or (2) the continuance of any of the following events for sixty (60) days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiary; or

Involuntary Bankruptcy; Appointment of Receiver, Etc. (1i) A court enters a decree or order for relief with respect to Holdings, Borrower or any of its Significant Subsidiaries in an involuntary case under the Bankruptcy Code, which decree or order is not stayed or other similar relief is not granted under any applicable federal or state lawlaw within 60 days; or (2ii) the continuance of any of the following events for sixty (60) 60 days unless dismissed, bonded or discharged: (a) an involuntary case is commenced against Holdings, Borrower or any of its Significant Subsidiaries, under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court for the appointment of a receiver, liquidator, sequestrator, trustee, custodian or other officer having similar powers over Holdings, Borrower or any of its Significant Subsidiaries, or over all or a substantial part of its property, is entered; or (c) an interim receiver, trustee or other custodian is appointed without the consent of Holdings, Borrower or any of its Significant Subsidiaries, for all or a substantial part of the property of Holdings, Borrower or any such Subsidiaryof its Significant Subsidiaries; or