Common use of Split Up Clause in Contracts

Split Up. Any order, judgment or decree is entered in any proceeding against the Borrower decreeing a split-up of the Borrower which requires the divestiture of assets representing a substantial part, or the divestiture of the stock of a Restricted Subsidiary whose assets represent a substantial part, of the consolidated assets of the Borrower and its Subsidiaries (determined in accordance with GAAP) or which requires the divestiture of assets, or stock of a Restricted Subsidiary, which shall have contributed a substantial part of the consolidated Net Income of the Borrower and its Restricted Subsidiaries for any of the three fiscal years then most recently ended, and such order, judgment or decree shall not be dismissed or execution thereon stayed pending appeal or review within 60 days after entry thereof, or in the event of such a stay, such order, judgment or decree or decree shall not be dismissed within 60 days after such stay expires;

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

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Split Up. Any order, judgment or decree is entered in any -------- proceeding against the Borrower decreeing a split-up of the Borrower which requires the divestiture of assets representing a substantial part, or the divestiture of the stock of a Restricted any Material Subsidiary whose assets represent a substantial part, of the consolidated assets of the Borrower and its Material Subsidiaries (determined in accordance with GAAP) or which requires the divestiture of assets, or stock of a Restricted Subsidiaryany of their Material Subsidiaries, which shall have contributed a substantial part of the consolidated Consolidated Net Income of the Borrower and its Restricted Material Subsidiaries for any of the three fiscal years Fiscal Years then most recently ended, and such order, judgment or decree shall not be dismissed or execution thereon stayed pending appeal or review within 60 sixty (60) days after entry thereof, or in the event of such a stay, such order, judgment or decree or decree shall not be dismissed within 60 sixty (60) days after such stay expires;.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Split Up. Any order, judgment or decree is entered in any proceeding against Holdings or the Borrower decreeing a split-up of Holdings or the Borrower which requires the divestiture of assets representing a substantial part, or the divestiture of the stock of a Restricted any Material Subsidiary whose assets represent a substantial part, of the consolidated assets of Holdings, the Borrower and its Subsidiaries (determined in accordance with GAAP) or which requires the divestiture of assets, or stock of a Restricted Subsidiaryany of their Material Subsidiaries, which shall have contributed a substantial part of the consolidated Consolidated Net Income of the Borrower and its Restricted Subsidiaries for any of the three fiscal years Fiscal Years then most recently ended, and such order, judgment or decree shall not be dismissed or execution thereon stayed pending appeal or review within 60 sixty (60) days after entry thereof, or in the event of such a stay, such order, judgment or decree or decree shall not be dismissed within 60 sixty (60) days after such stay expires;.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

Split Up. Any order, judgment or decree is entered in any proceeding against the Borrower decreeing a split-up of the Borrower which requires the divestiture of assets representing a substantial part, or the divestiture of the stock of a Restricted Subsidiary whose assets represent a substantial part, of the consolidated assets of the Borrower and its Subsidiaries (determined in accordance with GAAP) or which requires the divestiture of assets, or stock of a Restricted Subsidiary, which shall have contributed a substantial part of the consolidated Net Income of the Borrower and its the Restricted Subsidiaries for any of the three fiscal years then most recently ended, and such order, judgment or decree shall not be dismissed or execution thereon stayed pending appeal or review within 60 days after entry thereof, or in the event of such a stay, such order, judgment or decree or decree shall not be dismissed within 60 days after such stay expires;; SECTION 9.1.11

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

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Split Up. Any order, judgment or decree is entered in any proceeding against the Borrower decreeing a split-up of the Borrower which requires the divestiture of assets representing a substantial part, or the divestiture of the stock of a Restricted Subsidiary whose assets represent a substantial part, of the consolidated assets of the Borrower and its Subsidiaries (determined in accordance with GAAP) or which requires the divestiture of assets, or stock of a Restricted Subsidiary, which shall have contributed a substantial part of the consolidated Net Income of the Borrower and its the Restricted Subsidiaries for any of the three fiscal years then most recently ended, and such order, judgment or decree shall not be dismissed or execution thereon stayed pending appeal or review within 60 days after entry thereof, or in the event of such a stay, such order, judgment or decree or decree shall not be dismissed within 60 days after such stay expires;.

Appears in 1 contract

Samples: Refunding Credit Agreement (Cornerstone Propane Partners Lp)

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