Common use of Involuntary Bankruptcy Proceeding Clause in Contracts

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Subsidiaries or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105

Appears in 2 contracts

Samples: Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.)

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Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower or any of its Subsidiaries Non-Debtort Guarantor in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower of such Non-Debtor Guarantor or any of its Subsidiaries or for all or any substantial part of their respective the assets, domestic or foreign, of such Non-Debtor Guarantor, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against such Non-Debtor Guarantor (including, but not limited to, including an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 2 contracts

Samples: Tultex Corp, Tultex Corp

Involuntary Bankruptcy Proceeding. A case case, petition or other proceeding shall be commenced against the U.S. any Borrower or any of its Subsidiaries Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, administrator, custodian, liquidator or the like for the U.S. any Borrower or any of its Subsidiaries Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue continue, without dismissal or stay stay, for a period of sixty (60) consecutive calendar days, or an order granting the relief requested in such case case, petition or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws or other laws) shall be entered. 105;

Appears in 2 contracts

Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower or any of its Subsidiaries Restricted Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Subsidiaries Restricted Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 2 contracts

Samples: Day Credit Agreement (Lci International Inc /Va/), Credit Agreement (Lci International Inc /Va/)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. any Borrower or any of its Subsidiaries Subsidiary in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. of such Borrower or any Subsidiary or of its Subsidiaries or for all or any substantial part of their respective the assets, domestic or foreign, of such Borrower or Subsidiary, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against such Borrower or Subsidiary (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be --------------------------------- commenced against the U.S. Borrower or any of its Subsidiaries Subsidiary (other than Crown) in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Subsidiaries Subsidiary (other than Crown) or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding --------------------------------- shall be commenced against the U.S. Borrower any Loan Party, Borrower, or any of its Borrower's Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower of such Person or any of its Subsidiaries or for all or any substantial part of their respective the assets, domestic or foreign, of such Person, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) 60 consecutive calendar days, or an order granting the relief requested in such case or proceeding against such Person (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Loan Agreement (Tie Acquisition Co)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower any Credit Party or any of its Subsidiaries Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower any Credit Party or any of its Subsidiaries Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested 46 <PAGE> 47requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105(k) [Reserved] (l)

Appears in 1 contract

Samples: Day Credit Agreement (Jones Apparel Group Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. any Borrower or any of its Subsidiaries Material Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. any Borrower or any of its Subsidiaries Material Subsidiary thereof or for all or any substantial part of their respective assets, - 108 - domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) 60 consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall --------------------------------- be commenced against the U.S. any Borrower or any of its Subsidiaries Material Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition for adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. any Borrower or any of its Subsidiaries Material Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding --------------------------------- shall be commenced against the U.S. Borrower or any of its Designated Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Designated Subsidiaries or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Involuntary Bankruptcy Proceeding. A case or other proceeding --------------------------------- shall be commenced against the U.S. Borrower Maxim or any of its Subsidiaries Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower Maxim or any of its Subsidiaries Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Maxim Group Inc /)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Guarantor, any Borrower or any of its Subsidiaries Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Guarantor, any Borrower or any of its Subsidiaries Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Tessco Technologies Inc)

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Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower or any of its Designated Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Designated Subsidiaries or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower or any of its Subsidiaries Restricted Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or composition or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Subsidiaries Restricted Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against either the U.S. Borrower or any of its Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, ; or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for either the U.S. Borrower or any of its Subsidiaries or for all or any substantial part of their respective its assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive calendar days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower Cable Systems or any of its Designated Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower Cable Systems or any of its Designated Subsidiaries or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Pledge Agreement (RCN Corp /De/)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be commenced against the U.S. Borrower or any of its Subsidiaries other Credit Party that is a Significant Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower any Credit Party or any of its Subsidiaries Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Atlas Pipeline Partners Lp)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall be --------------------------------- commenced against the U.S. Borrower or any of its Designated Subsidiaries in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Designated Subsidiaries or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal undismissed or stay unstayed for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Involuntary Bankruptcy Proceeding. A case or other proceeding shall --------------------------------- be commenced against the U.S. Borrower or any of its Subsidiaries Significant Subsidiary thereof in any court of competent jurisdiction seeking (i) relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts, or (ii) the appointment of a trustee, receiver, custodian, liquidator or the like for the U.S. Borrower or any of its Subsidiaries Significant Subsidiary thereof or for all or any substantial part of their respective assets, domestic or foreign, and such case or proceeding shall continue without dismissal or stay for a period of sixty (60) consecutive days, or an order granting the relief requested in such case or proceeding (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be entered. 105.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

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