Voluntary Bankruptcy; Appointment of Receiver. Etc. The Company, the Borrower or any of their Subsidiaries to which $25,000,000 or more of the Combined Equity Value is attributable, shall commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its Property; or the Company, the Borrower or any of such Subsidiaries shall make any assignment for the benefit of creditors or shall be unable or fail, or admit in writing its inability, to pay its debts as such debts become due.
Voluntary Bankruptcy; Appointment of Receiver. Any Borrower Party or Guarantor (i) becomes unable, or fails, or admits in writing its inability, to generally pay its debts as such debts become due, (ii) makes an assignment for the benefit of creditors, (iii) files a petition in bankruptcy, (iv) petitions or applies to any tribunal for any receiver or any trustee of such Person or any substantial part of the property of such Person, (v) commences any proceeding relating to such Person under any reorganization, arrangement, composition, readjustment, liquidation or dissolution law or statute of any jurisdiction, whether in effect now or after this Agreement is executed or (vi) the board of directors (or similar governing body) of such Person (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in this Section 13(e).
Voluntary Bankruptcy; Appointment of Receiver. (i) Holdings or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary case under any Debtor Relief Law, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the Board of Directors of Holdings or any of its Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or
Voluntary Bankruptcy; Appointment of Receiver. Any Borrower, the Borrower Representative, any Guarantor or any Sponsor (i) becomes unable, or fails, or admits in writing its inability, to generally pay its debts as such debts become due, (ii) makes an assignment for the benefit of creditors, (iii) files a petition in bankruptcy, (iv) petitions or applies to any tribunal for any receiver or any trustee of such Person or any substantial part of the property of such Person, (v) commences any proceeding relating to such Person under any reorganization, arrangement, composition, readjustment, liquidation or dissolution law or statute of any jurisdiction, whether in effect now or after this Agreement is executed or (vi) the board of directors (or similar governing body) of such Person (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in this Section 8.1(f).
Voluntary Bankruptcy; Appointment of Receiver. Etc.) or, at the direction of the Required Lenders, Sections 8.1(a) (Failure to Make Payments When Due), the overdue principal amount of all Loans outstanding and, to the extent permitted by applicable law, any overdue interest payments on the Loans or any fees or other amounts owed hereunder (including Letter of Credit Fees (“Letter of Credit Fees Default Rate”)), shall thereafter bear interest (including post-petition interest in any proceeding under Debtor Relief Laws) payable on demand at a rate that is 2% per annum in excess of the interest rate otherwise payable hereunder with respect to the applicable Loans (or, in the case of any such fees and other amounts, at a rate which is 2% per annum in excess of the interest rate otherwise payable hereunder for ABR Loans); provided, in the case of Term SOFR Loans, upon the expiration of the Interest Period in effect at the time any such increase in interest rate is effective such Term SOFR Loans shall thereupon become ABR Loans and shall thereafter bear interest payable upon demand at a rate which is 2% per annum in excess of the interest rate otherwise payable hereunder for ABR Loans. Payment or acceptance of the increased rates of interest provided for in this Section 2.9 (Default Interest) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of the Administrative Agent, any Lender or any Issuing Bank.
Voluntary Bankruptcy; Appointment of Receiver. Borrower shall have an order for relief entered with respect to it or commence a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking of possession by a receiver, trustee or other custodian for all or a substantial part of its property; or Borrower shall make any assignment for the benefit of creditors or shall be unable or fail, or admit in writing its inability, to pay its debts as such debts become due.
Voluntary Bankruptcy; Appointment of Receiver. Etc. 72 Section 7.06. Involuntary Bankruptcy; Appointment of Receiver; Etc. 73 Section 7.07. Judgments 73 Section 7.08. Unfunded Liabilities 73 Section 7.09. Change in Control 73 Section 7.10. Other ERISA Liabilities 73 Section 7.11. Invalidity of Loan Documents 73 ARTICLE 8 ACCELERATION, WAIVERS, AMENDMENTS AND REMEDIES Section 8.01. Acceleration, Etc. 74 Section 8.02. Amendments 74 Section 8.03. Preservation of Rights 76 ARTICLE 9 GENERAL PROVISIONS Section 9.01. Survival of Representations 76 Section 9.02. Governmental Regulation 77 Section 9.03. Headings 77 Section 9.04. Entire Agreement 77 Section 9.05. Several Obligations; Benefits of this Agreement 77 Section 9.06. Expenses; Indemnification 77 Section 9.07. Accounting 80 Section 9.08. Severability of Provisions 80 Section 9.09. Nonliability of Lenders 80 Section 9.10. Confidentiality 81 Section 9.11. Nonreliance 82 Section 9.12. Disclosure 82 ARTICLE 10 THE ADMINISTRATIVE AGENT Section 10.01. Appointment and Authority 83 Section 10.02. Rights as a Lender 83 Section 10.03. Reliance by Administrative Agent 83 Section 10.04. Exculpatory Provisions 84 Section 10.05. Delegation of Duties 85
Voluntary Bankruptcy; Appointment of Receiver. Any Borrower, the Borrower Representative or any Guarantor • becomes unable, or fails, or admits in writing its inability, to generally pay its debts as such debts become due, • makes an assignment for the benefit of creditors, • files a petition in bankruptcy, • petitions or applies to any tribunal for any receiver or any trustee of such Person or any substantial part of the property of such Person, • commences any proceeding relating to such Person under any reorganization, arrangement, composition, readjustment, liquidation or dissolution law or statute of any jurisdiction, whether in effect now or after this Agreement is executed or • the board of directors (or similar governing body) of such Person (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to in this Section 8.1(e).
Voluntary Bankruptcy; Appointment of Receiver. (i) the Borrower or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence a voluntary Insolvency Proceeding under any Insolvency Law or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, interim receiver, receiver manager, trustee or other custodian for all or a substantial part of its property; or the Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) the Borrower or any of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the board of directors (or similar governing body) of the Borrower or any of its Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 7.1(g); or
Voluntary Bankruptcy; Appointment of Receiver. (i) any Telewest Global Group Security Provider or any TCN Entity shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or under any other applicable US federal or state bankruptcy, insolvency or similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Telewest Global Group Security Provider or any TCN Entity shall make any assignment for the benefit of creditors; or (ii) the board of directors (or similar governing body) of any Telewest Global Group Security Provider or any TCN Entity (or any committee thereof) shall adopt any resolution or otherwise authorise any action to approve any of the actions referred to in this clause 13.1.15 or in 13.1.14; or
