Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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, 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 (or similar governing body) 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
Appears in 25 contracts
Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Company or Holdings or any of its Subsidiaries 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 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 respective property; or Company or Holdings or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Company or 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 (or similar governing body) of Company or 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(f7.1(g); or
Appears in 19 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 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 Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Holdings Company 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
Appears in 18 contracts
Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 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 Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Board of directors (or similar governing body) Directors of Holdings Company 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 17 contracts
Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust), Senior Subordinated Loan Agreement (Falcon Financial Investment Trust), Revolving Loan Credit Agreement (Amscan Holdings Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) shall have an order for relief entered with respect to it or shall file a petition or application seeking any relief or shall otherwise commence a voluntary case under the Bankruptcy Code or proceeding under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectInsolvency Law, or shall consent to, or fail to contest in a timely manner the commencement of, or the entry of an order for relief in an involuntary casecase or proceeding, or to the conversion of an involuntary case to a voluntary casecase or proceeding, under any such law, or shall consent to, or fail to contest in a timely manner, the commencement of, or the appointment of or taking possession by a receiver, trustee receiver-manager, trustee, custodian or other custodian similar officer for all or a substantial part of its property; or Holdings Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Subsidiaries (other than any Immaterial Subsidiaries) shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become duedue or is otherwise insolvent; or the board of directors (or similar governing body) of Holdings Borrower or any of its Subsidiaries (other than any Immaterial 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
Appears in 15 contracts
Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings any Credit Party or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party 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 Holdings any Credit Party or any of its Subsidiaries (or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f9.1(f); or
Appears in 14 contracts
Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Hibbett Inc), Credit Agreement (Computer Programs & Systems Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Material Subsidiaries 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 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 Holdings the making by the Borrower or any of its Material Subsidiaries shall make of any assignment for the benefit of creditorscreditors generally; or (ii) Holdings the inability or failure of the Borrower or any of its Subsidiaries shall be unableMaterial Subsidiaries, or shall fail generally, the admission by the Borrower or shall admit any of its Material Subsidiaries in writing of its inability, inability to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of Holdings the Borrower or any of its Subsidiaries Material Subsidiary (or any committee thereof) shall adopt adopts any resolution or otherwise authorize any authorizes action to approve any of the actions referred to herein or in Section 8.1(f)foregoing; or
Appears in 12 contracts
Samples: Year Credit Agreement (S&P Global Inc.), Credit Agreement (McGraw Hill Financial Inc), Assignment and Assumption (McGraw Hill Financial Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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, 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 (or similar governing body) 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 in this Section 8.1(g) or in Section 8.1(f)) above; or
Appears in 11 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries (other than Immaterial Subsidiaries) 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 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 Holdings Company or any of its Subsidiaries (other than Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Subsidiaries (other than Immaterial 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 Board of directors (or similar governing body) Directors of Holdings Company or any of its Subsidiaries (other than Immaterial Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 9 contracts
Samples: Credit Agreement (Aurora Foods Inc), Credit Agreement (Account Portfolios Gp Inc), Credit Agreement (Aurora Foods Inc /De/)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries 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 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 Holdings Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings 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 Holdings 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 8.1(f); or
Appears in 9 contracts
Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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, 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 Board of directors (or similar governing body) 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 8 contracts
Samples: Credit Agreement (Anthony Crane Rental Holdings Lp), Credit Agreement (Diamond Brands Operating Corp), Credit Agreement (Wec Co)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Loan Party or any of its Subsidiaries 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 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 Holdings any Loan Party or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Loan Party 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 Board of directors (or similar governing body) Directors of Holdings any Loan Party 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 8 contracts
Samples: Credit Agreement (Royale Investments Inc), Credit Agreement (Prime Hospitality Corp), Assignment Agreement (Corporate Office Properties Trust)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Holdings, any Borrower or any of its the Restricted Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief 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 lawLaw, 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 Holdings, any Borrower or any of its the Restricted Subsidiaries shall make any general assignment for the benefit of creditors; or (ii) Holdings Holdings, any Borrower or any of its the Restricted Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, to pay generally its debts as such debts they become due; or (iii) the board Board of directors (or similar governing body) Directors of Holdings Holdings, any Borrower or any of its the Restricted Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to formally approve any of the actions referred to herein or in Section 8.1(f); or (iv) Holdings or any Restricted Subsidiary shall consent to a moratorium under the laws of the United Kingdom in respect of any Indebtedness of a Foreign Credit Party organized under the laws of England and Wales; or
Appears in 8 contracts
Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), Credit and Guaranty Agreement (Corsair Gaming, Inc.), Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Company or any of its Restricted Subsidiaries or any Subsidiary Borrower 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 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 Holdings the making by the Company or any of its Restricted Subsidiaries shall make or any Subsidiary Borrower of any assignment for the benefit of creditors; or (ii) Holdings the inability or failure of the Company or any of its Restricted Subsidiaries shall be unableor any Subsidiary Borrower, or shall fail generally, the admission by the Company or shall admit any of its Restricted Subsidiaries or any Subsidiary Borrower in writing of its inability, inability to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of Holdings the Company or any of its Subsidiaries Restricted Subsidiary or any Subsidiary Borrower (or any committee thereof) shall adopt adopts any resolution or otherwise authorize any authorizes action to approve any of the actions referred to herein or in Section 8.1(f)foregoing; or
Appears in 7 contracts
Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Subsidiaries shall have an order for relief entered with respect to it or shall commence institute a voluntary case seeking liquidation or reorganization under Chapter 7 or Chapter 11, respectively, of the Bankruptcy Code or any similar proceeding under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectApplicable Law, or shall consent to the entry of an order for relief in an involuntary case, thereto; or shall consent to the conversion of an involuntary case to a voluntary case; or shall file a petition, under answer a complaint or otherwise institute any such lawproceeding seeking, or shall consent to or acquiesce in the appointment of or taking possession by of, a receiver, liquidator, sequestrator, custodian, trustee or other custodian for all or a substantial part of its property; or Holdings officer with similar powers over the Borrower or any of its Subsidiaries or to take possession of all or a substantial portion of its property or to operate all or a substantial portion of its business; or shall make any a general assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries shall be unable, or shall fail generallygenerally not pay, or shall admit in writing its inabilityinability to pay, to pay its debts as such debts they become due; or the board of directors (or similar governing body) of Holdings 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 8.1(f); orforegoing;
Appears in 7 contracts
Samples: Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Loan Party or any of its Significant Subsidiaries 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 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 trustee, conservator or other custodian for all or a substantial part of its property; or Holdings any Loan Party or any of its Significant Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Loan Party or any of its Significant 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 Holdings any Loan Party or any of its Significant 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(f8.01(f); or
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Intercreditor Agreement (RadNet, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Subsidiaries Material Subsidiary 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 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 Holdings any Credit Party or any of its Subsidiaries Material Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Subsidiaries Material Subsidiary shall be unable, or shall fail generallygenerally to pay debts as such debts become due, or shall admit in writing its inability, inability to pay its debts as such debts become duegenerally; or the board of directors (or similar governing body) of Holdings any Credit Party or any of its Subsidiaries Material Subsidiary (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in this Section 8.1(f8.01(g); or
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The REIT, Borrower, any Subsidiary, or any of its Subsidiaries Agreement Party 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 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 Holdings the REIT, Borrower, any Subsidiary, or any of its Subsidiaries Agreement Party shall make any assignment for the benefit of creditors; creditors or (ii) Holdings or any of its Subsidiaries shall be unableunable or fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the board general partner(s) or Board of directors (or similar governing body) of Holdings or any of its Subsidiaries Directors (or any committee thereof) shall adopt ), as applicable, of the REIT, Borrower, any Subsidiary, or any Agreement Party adopts any resolution or otherwise authorize authorizes any action to approve any of the actions referred to herein or in Section 8.1(f); orforegoing.
Appears in 7 contracts
Samples: Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Global Parent or any of its Subsidiaries 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 bankruptcy, insolvency 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 trustee, or other custodian for all or a substantial part of its property; , or Holdings Global Parent or any of its Subsidiaries shall make any assignment for the benefit of creditors; , or (ii) Holdings Global Parent 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 Board (or similar governing body) of Holdings Global Parent or any of its Subsidiaries (or any committee thereofthereof with authority therefor) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f8.01(f); , or
Appears in 6 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries shall have an order for relief entered with respect to it or Credit Party shall commence a voluntary case under or proceeding (including the Bankruptcy Code or filing of a notice of intention in respect thereof) under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary casecase or proceeding, or to the conversion of an involuntary case or proceeding to a voluntary casecase or proceeding, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee liquidator, sequestrator, trustee, custodian, interim receiver, receiver and manager, administrator, agent or other custodian officer having similar powers for all or a substantial material part of its propertyassets; or Holdings or any of its Subsidiaries Credit Party shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Subsidiaries the Servicer 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 Holdings or any of its Subsidiaries such Credit Party (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(f7.1(g); or
Appears in 6 contracts
Samples: Sixth Amendment Agreement (Mogo Inc.), First Amendment Agreement (Mogo Inc.), Revolving Credit and Guarantee Agreement (Mogo Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Restricted Subsidiaries 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 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 Holdings the making by the Borrower or any of its Restricted Subsidiaries shall make of any assignment for the benefit of creditors; or (ii) Holdings the inability or failure of the Borrower or any of its Subsidiaries shall be unableRestricted Subsidiaries, or shall fail generally, the admission by the Borrower or shall admit any of its Restricted Subsidiaries in writing of its inability, inability to pay its debts as such debts become due; or the board of directors (or similar governing body) of Holdings the Borrower or any of its Subsidiaries Restricted Subsidiary (or any committee thereof) shall adopt adopts any resolution or otherwise authorize any authorizes action to approve any of the actions referred to herein or in Section 8.1(f)foregoing; or
Appears in 6 contracts
Samples: Credit Agreement (Textron Inc), Credit Agreement (Textron Inc), Credit Agreement (Textron Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries Any Material Company shall have an order for relief entered with respect to it or shall commence a voluntary case (or analogous proceeding under any Debtor Relief Law) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary casecase (or analogous proceeding under any Debtor Relief Law), or to the conversion of an involuntary case to a voluntary casecase (or analogous proceeding under any Debtor Relief Law), under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee trustee, examiner, liquidator, conservator or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries Material Company shall make any a general assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries Material Company 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 Board of directors Directors (or similar governing body) or shareholders of Holdings any Loan Party or any of its Subsidiaries (Subsidiaries, or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f8.01(f); or (iii) a Dutch Loan Party shall have filed a notice under Section 36 of the Dutch Tax Collection Act (Invorderingswet 1990); or
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Counterpart Agreement (Phillips Van Heusen Corp /De/)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Subsidiaries Material Subsidiary 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 bankruptcy, insolvency or similar law now or hereafter in effectlaw, 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 the Borrower or any of its Subsidiaries Material Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Subsidiaries Material Subsidiary 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 Holdings the Borrower or any of its Subsidiaries Material Subsidiary (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in this clause (g) or in Section 8.1(f); orclause (f) above;
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries (other than any Immaterial Subsidiary) 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 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 Holdings Company or any of its Subsidiaries (other than any Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Subsidiaries (other than any Immaterial Subsidiary) 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 Board of directors (or similar governing body) Directors of Holdings Company or any of its Subsidiaries (other than any Immaterial Subsidiary) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 6 contracts
Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 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 Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Board of directors Directors (or similar governing body) of Holdings Company 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
Appears in 6 contracts
Samples: Financing Agreement (Usa Technologies Inc), Loan and Security Agreement (EVO Transportation & Energy Services, Inc.), Financing Agreement (Model N, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Company or Holdings or any of its Subsidiaries 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 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 respective property; or Company or Holdings or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Company or 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 (or similar governing body) of Company or 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(f7.1(f); or
Appears in 5 contracts
Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent, Holdings, Borrower or any of its Restricted Subsidiaries 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 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 Holdings Parent, Holdings, Borrower or any of its Restricted Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Parent, Holdings, Borrower or any of its Restricted 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 (iii) the board of directors (or similar governing body) of Holdings Parent, Holdings, Borrower or any of its Restricted 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(f7.1(f); or;
Appears in 5 contracts
Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries Significant Subsidiary shall seek to 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 bankruptcy, insolvency insolvency, reorganization, liquidation 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 trustee, conservator or other custodian for all or a substantial part of its property; or Holdings Borrower or any of its Subsidiaries Significant Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Subsidiaries Significant Subsidiary shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts generally, as such debts become due; or (iii) there shall have occurred the board voluntary appointment of directors (a receiver, trustee, conservator or similar governing body) other custodian of Holdings 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 8.1(f)Significant Subsidiary; or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc), Revolving Credit and Guaranty Agreement (Cit Group Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Company or any of its Material Subsidiaries 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 bankruptcy, insolvency or other similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an any involuntary case, or to the conversion of from an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, sequestrator, trustee or other custodian for all or a substantial part substantially all of its property; or Holdings the making by the Company or any of its Material Subsidiaries shall make of any assignment for the benefit of creditors; or (ii) Holdings the inability or failure of the Company or any of its Subsidiaries shall be unableMaterial Subsidiaries, or shall fail generally, the admission by the Company or shall admit any of its Material Subsidiaries in writing of its inability, to generally pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of Holdings the Company or any of its Material Subsidiaries (or any committee thereof) shall adopt adopts any resolution or otherwise authorize any takes action to approve any of the actions referred to herein or in Section 8.1(f)foregoing; or
Appears in 5 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary) 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 Holdings or any of its Subsidiaries (other than any Immaterial Subsidiary), 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 (h); or
Appears in 5 contracts
Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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, trustee trustee, conservator 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 (or similar governing body) 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(f8.01(f); or
Appears in 5 contracts
Samples: Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Intercreditor Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its material Subsidiaries 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 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 Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Board of directors (or similar governing body) Directors of Holdings Company 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 5 contracts
Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Worldwide Holdings Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings any Credit Party or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party 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 Holdings any Credit Party or any of its Subsidiaries (or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f9.1(f); oror (h)
Appears in 5 contracts
Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Physicians Realty L.P.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than Immaterial Subsidiaries) 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings or any of its Subsidiaries (other than Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than Immaterial 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 members of Holdings or its board of directors (or similar governing body) of Holdings or any of its Subsidiaries (other than Immaterial 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
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Terraform Global, Inc.), Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Material Subsidiaries 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 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 Holdings Company or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Material 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 Board of directors (or similar governing body) Directors of Holdings Company or any of its Material Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 4 contracts
Samples: Security Agreement (Arterial Vascular Engineering Inc), Credit Agreement (Afc Enterprises Inc), Credit Agreement (Afc Enterprises Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries Seller 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 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 respective property; or Holdings Company or any of its Subsidiaries Seller shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Subsidiaries Seller 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 Holdings Company or any of its Subsidiaries Seller (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(f7.1(h); or
Appears in 4 contracts
Samples: Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.), Credit Agreement (FlexShopper, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Material Subsidiaries 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 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 Holdings or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Material 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 Holdings or any of its Material 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
Appears in 4 contracts
Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Boise Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or Significant Subsidiary of Holdings or any group of its Subsidiaries constituting a Significant Subsidiary of Holdings 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 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 Holdings or Significant Subsidiary of Holdings or any group of its Subsidiaries constituting a Significant Subsidiary of Holdings shall make any assignment for the benefit of creditors; or (ii) Holdings or Significant Subsidiary of Holdings or any group of its Subsidiaries constituting a Significant Subsidiary of Holdings 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 Holdings or Significant Subsidiary of Holdings or any group of its Subsidiaries constituting a Significant Subsidiary of Holdings (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
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (Aeroflex Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent Borrower or any of its Subsidiaries 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 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 Holdings Parent Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Parent 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 Holdings Parent 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 8.1(f); or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (AMC Networks Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than Immaterial Subsidiaries) 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 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 Holdings or any of its Subsidiaries (other than Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than Immaterial 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 Board of directors (or similar governing body) 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 4 contracts
Samples: Credit Agreement (Sealy Corp), Credit Agreement (Dominos Inc), Credit Agreement (Dominos Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Material Subsidiaries 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 bankruptcy, insolvency insolvency, dissolution, liquidation or similar law (whether federal, state or foreign) 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 Holdings Company or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Material 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 Board of directors (or similar governing body) Directors of Holdings Company or any of its Material Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 4 contracts
Samples: Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (NXS I LLC)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower, Mortgagor, Guarantor or any of its their respective Subsidiaries 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 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 Holdings Borrower, Mortgagor, Guarantor or any of its their respective 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 (or similar governing body) of Holdings Borrower, Mortgagor, Guarantor or any of its their respective 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;
Appears in 4 contracts
Samples: Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP), Credit Agreement (Greystone Housing Impact Investors LP)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Material Subsidiaries 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 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 Holdings Borrower or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Material 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 Governing Body of directors (or similar governing body) of Holdings Borrower or any of its Material Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 4 contracts
Samples: Security Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief 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 lawLaw, 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 the Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Subsidiaries shall hall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or (iii) the board Board of directors (or similar governing body) Directors of Holdings 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 8.1(f); or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries Any Material 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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, administrator, liquidator, manager, trustee or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries Material Entity shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries Material Entity shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become duedue or suspends or threatens to suspend making payments of its debts; or the board of directors (or similar governing body) of Holdings or any of its Subsidiaries Material Entity (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 (iii) any analogous step or procedure shall be taken under the laws of any jurisdiction in respect of any Material Entity; or
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 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 Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Board of directors (or similar governing body) Directors of Holdings Company 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 3 contracts
Samples: Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Express Scripts Inc), Credit Agreement (Express Scripts Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, liquidation 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 trustee, administrator, liquidator or other custodian for all or a substantial part of its property; or (ii) Holdings or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (iiiii) 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 (or similar governing body) 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Vonage Holdings Corp), Third Lien Note Purchase Agreement (Vonage Holdings Corp), Credit and Guaranty Agreement (Vonage Holdings Corp)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Company or any of its Subsidiaries 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 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, examiner, administrator, trustee or other custodian for all or a substantial part of its property; or Holdings the Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Company 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 Board of directors Directors (or similar governing body) of Holdings the Company 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
Appears in 3 contracts
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent or any of its Subsidiaries 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 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 Holdings Parent or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Parent 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 Holdings Parent 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Ambassadors International Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Euramax or any of its Subsidiaries 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 bankruptcy, insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction, 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 Euramax or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Euramax 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 Holdings Euramax 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Euramax Holdings, Inc.), General Intercreditor Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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, 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 general inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) 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(f8.01(f); or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Purchase Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Holdings, any Borrower or any of its Material Subsidiaries 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 bankruptcy, insolvency or similar law now or hereafter in effectCode, 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 Holdings, any Borrower or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Holdings, any Borrower or any of its Material 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 Board of directors (or similar governing body) Directors of Holdings Holdings, any Borrower or any of its Material Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 3 contracts
Samples: Credit Agreement (Goss Graphic Systems Inc), Multicurrency Credit Agreement (Goss Graphic Systems Inc), Credit Agreement (Goss Graphic Systems Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Significant Subsidiaries 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 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 Holdings Company or any of its Significant Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Significant 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 Holdings Company or any of its Significant 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (Xo Communications Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Xerium or any of its Subsidiaries 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 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 Holdings Xerium or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Xerium 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 Holdings Xerium 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than Immaterial Subsidiaries) 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 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 Holdings or any of its Subsidiaries (other than Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than Immaterial 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 Holdings or any of its Subsidiaries (other than Immaterial 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary or any Escrow Subsidiary) 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 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 Holdings , (ii) the Borrower or any of its Subsidiaries (other than any Immaterial Subsidiary or any Escrow Subsidiary) shall make any a general assignment for the benefit of creditors; , or (iiiii) Holdings the Borrower or any of its Subsidiaries shall be unable, (other than any Immaterial Subsidiary or shall fail generally, or any Escrow Subsidiary) shall admit in writing its inability, inability to pay its debts as such debts become due; or the board of directors (or similar governing body) 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;
Appears in 3 contracts
Samples: First Lien Credit Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its their respective Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings any Credit Party or any of its their respective Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its their respective 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 (iii) the board of directors (or similar governing body) of Holdings any Credit Party or any of its their respective Subsidiaries (or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clauses (i) or (ii) above or in Section 8.1(f9.1(f); or
Appears in 3 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The REIT, Borrower, any Subsidiary, or any of its Subsidiaries Agreement Party 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 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 Holdings the REIT, Borrower, any Subsidiary, or any of its Subsidiaries Agreement Party shall make any assignment for the benefit of creditors; creditors or (ii) Holdings or any of its Subsidiaries shall be unableunable or fail, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or the board general partner(s), trustees or Board of directors (or similar governing body) of Holdings or any of its Subsidiaries Directors (or any committee thereof) shall adopt ), as applicable, of the REIT, Borrower, any Subsidiary, or any Agreement Party adopts any resolution or otherwise authorize authorizes any action to approve any of the actions referred to herein or in Section 8.1(f); orforegoing.
Appears in 3 contracts
Samples: Credit Agreement (Equity Lifestyle Properties Inc), Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Equity Lifestyle Properties Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Company or any of its Subsidiaries 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 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 of all or a substantial part of its property; or Holdings the Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Company 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 Board of directors (or similar governing body) Directors of Holdings the Company 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 in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 3 contracts
Samples: Credit Agreement (America West Holdings Corp), Security Agreement (America West Airlines Inc), Security Agreement (America West Airlines Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Significant Subsidiaries 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 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 Holdings the Borrower or any of its Significant Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Significant Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its their respective inability, to pay its debts as such debts become due; or the board of directors (or similar governing body) of Holdings the Borrower or any of its Significant Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in this Section 8.7 or in Section 8.1(f)8.6 above; or
Appears in 3 contracts
Samples: Credit Agreement and Guaranty (Hospira Inc), Credit Agreement and Guaranty (Hospira Inc), Credit Agreement (Hospira Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries Borrower shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or proceeding under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, or shall consent to the entry of an order for relief in an involuntary casecase or proceeding, or to the conversion of an involuntary case to a voluntary casecase or proceeding, under any such law, or shall seek or consent to or acquiesce in the appointment of or taking possession by a receiver, trustee trustee, conservator, liquidator or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries Borrower shall make any assignment for the benefit of creditors or take any other similar action for the protection or benefit of creditors; or (ii) Holdings or any of its Subsidiaries Borrower shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or (iii) the board of directors (or similar governing body) of Holdings or any of its Subsidiaries Borrower (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); or7.1(f) (Involuntary Bankruptcy;
Appears in 3 contracts
Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings A Borrower or any of its Subsidiaries 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 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 Holdings a Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings a 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 duedue and in each case a period of 30 days shall have elapsed; or the board Board of directors (or similar governing body) Directors of Holdings a Borrower or any of its Subsidiaries (or any committee thereof) or of its managing member shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 3 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Restricted Subsidiaries (other than any Immaterial Subsidiary) 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings Borrower or any of its Restricted Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Restricted 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 Holdings Borrower or any of its Restricted 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
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Restricted Subsidiaries 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 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 Holdings the Borrower or any of its Restricted Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Restricted 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 Holdings the Borrower or any of its Restricted 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
Appears in 3 contracts
Samples: Counterpart Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.), Intercreditor Agreement (REV Group, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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, 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 (or similar governing body) 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 in this clause (g) or in Section 8.1(f)clause (f) above; or
Appears in 3 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or --------------------------------------------------- any of its Material Subsidiaries 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 bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, 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 lawDebtor Relief Laws, 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 their property; or Holdings the making by Company or any of its Material Subsidiaries shall make of any assignment for the benefit of creditors; or (ii) Holdings the inability or failure of Company or any of its Material Subsidiaries shall be unable, or shall fail generally, the admission by Company or shall admit any of its Material Subsidiaries in writing its inability, of their inability to pay its their debts as such debts become due; or the board Board of directors (or similar governing body) Directors of Holdings Company or any of its Material Subsidiaries (or any committee thereof) shall adopt adopts any resolution or otherwise authorize any authorizes action to approve any of the actions referred to herein or in Section 8.1(f)foregoing; or
Appears in 3 contracts
Samples: 180 Day Credit Agreement (Levi Strauss & Co), Bridge Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than DTA Development, LLC and Waterside Urban Renewal Corporation) 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 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 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 (or similar governing body) 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
Appears in 2 contracts
Samples: First Lien Credit and Guaranty Agreement (Gentek Inc), Credit and Guaranty Agreement (Gentek Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 bankruptcy, insolvency or similar law now or hereafter in effect, whether a law of the United States or another country, 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 Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Holdings Company 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 SECTION 8.1(f); or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Restricted Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief 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 lawLaw, 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 the Borrower or any of its Restricted Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Restricted Subsidiaries shall hall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become due; or (iii) the board Board of directors (or similar governing body) Directors of Holdings the Borrower or any of its Restricted 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
Appears in 2 contracts
Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Lux 1 or any of its Material Subsidiaries 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 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 Holdings Lux 1 or any of its Material Subsidiaries shall make any general assignment for the benefit of creditors; or (ii) Holdings Lux 1 or any of its Material 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 Holdings Lux 1 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
Appears in 2 contracts
Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Holding or any of its Subsidiaries 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 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 Holdings Holding or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Holding 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 Holdings Holding 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
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Hm Publishing Corp), Credit and Guaranty Agreement (Houghton Mifflin Co)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Parent, any Credit Party or any of its Subsidiaries Material Subsidiary 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 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 Holdings the Parent, any Credit Party or any of its Subsidiaries Material Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings the Parent, any Credit Party or any of its Subsidiaries Material Subsidiary shall be unable, or shall fail generally, or shall admit in writing its their respective inability, to pay its debts as such debts become due; or the board of directors (or similar governing body) of Holdings the Parent, any Credit Party or any of its Subsidiaries Material Subsidiary (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in this Section 7.7 or in Section 8.1(f)7.6; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Term Loan Agreement (Assurant Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) The Borrower, Holdings or any of its Significant Subsidiaries 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 U.S. federal, state or foreign 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 trustee, conservator or other custodian for all or a substantial part of its property; or the Borrower, Holdings or any of its Significant Subsidiaries shall make any assignment for the benefit of creditors; creditors or (ii) the Borrower, Holdings or any of its Significant 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, Holdings or any of its Significant 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(f8.01(f); or
Appears in 2 contracts
Samples: Credit Agreement (Altisource Portfolio Solutions S.A.), Credit Agreement (Altisource Portfolio Solutions S.A.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries 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 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 Holdings Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings 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 Holdings 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 8.1(f8.1(h); or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (fuboTV Inc. /FL), Credit and Guaranty Agreement (FaceBank Group, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Material Subsidiaries shall have an order for relief entered with respect to it or shall commence institute a voluntary case seeking liquidation or reorganization under Chapter 7 or Chapter 11, respectively, of the Bankruptcy Code or any similar proceeding under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectApplicable Law, or shall consent to the entry of an order for relief in an involuntary case, thereto; or shall consent to the conversion of an involuntary case to a voluntary case; or shall file a petition, under answer a complaint or otherwise institute any such lawproceeding seeking, or shall consent to or acquiesce in the appointment of or taking possession by of, a receiver, liquidator, sequestrator, custodian, trustee or other custodian for officer with similar powers over the Borrower or any of its Material Subsidiaries or to take possession of all or a substantial part portion of its propertyproperty or to operate all or a substantial portion of its business; or Holdings or any of its Subsidiaries shall make any a general assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries shall be unable, or shall fail generallygenerally not pay, or shall admit in writing its inabilityinability to pay, to pay its debts as such debts they become due; or the board of directors (or similar governing body) of Holdings the Borrower or any of its Material 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); orforegoing;
Appears in 2 contracts
Samples: Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. Other than with respect to any English Credit Party: (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 the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor 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 Board of directors (or similar governing body) 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
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries Any Material 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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, administrator, liquidator, manager, trustee or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries Material Entity shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries Material Entity shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts as such debts become duedue or suspends or threatens to suspend making payments of its debts; or the board Board of directors Directors (or similar governing body) of Holdings or any of its Subsidiaries Material Entity (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(f8.01(f); or (iii) any analogous step or procedure shall be taken under the laws of any jurisdiction in respect of any Material Entity; or
Appears in 2 contracts
Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries 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 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 Holdings Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings 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 Board of directors (or similar governing body) Directors of Holdings 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 8.1(f8.01(f); or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Paramount Acquisition Corp), Credit and Guaranty Agreement (Paramount Acquisition Corp)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Material Subsidiaries 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 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 trustee, conservator or other custodian for all or a substantial part of its property; or Holdings the Borrower or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Material 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 Holdings 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 8.1(f8.01(h); or
Appears in 2 contracts
Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent or any of its Subsidiaries 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 bankruptcy, insolvency 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 trustee, or other custodian for all or a substantial part of its property; , or Holdings Parent or any of its Subsidiaries shall make any assignment for the benefit of creditors; , or (ii) Holdings Parent 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 Board (or similar governing body) of Holdings Parent 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(f8.01(f); , or
Appears in 2 contracts
Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (ia) Holdings or any of its Subsidiaries Any Obligor 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 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 Holdings or any of its Subsidiaries Obligor shall make any assignment for the benefit of creditors; or (ii) Holdings any Guarantor shall, or any Guarantor shall agree to, liquidate, wind up or dissolve itself or otherwise commence any Insolvency Proceedings in respect of its Subsidiaries itself or file any petition or pass a resolution seeking the same; or (b) any Obligor 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 Holdings or any of its Subsidiaries Obligor (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); or11.1.7.
Appears in 2 contracts
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Material Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings any Credit Party or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Material 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 Holdings any Credit Party or any of its Material Subsidiaries (or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f9.1(f); or
Appears in 2 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Physicians Realty Trust)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries Material Company shall have an order for relief entered with respect to it or shall commence a voluntary case under the any Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Laws 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 Holdings Borrower or any of its Subsidiaries Material Company shall make any assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Subsidiaries Material Company 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 Holdings Borrower or any of its Subsidiaries Material Company (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in this Section 8.1(g) or in Section 8.1(f), provided that this Section 8.1(g) shall not apply to any Permitted Liquidation; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Loan Party or any of its Subsidiaries 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 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 trustee, conservator or other custodian for all or a substantial part of its property; or Holdings any Loan Party or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings any Loan Party 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 (iii) or the board of directors (or similar governing body) of Holdings any Loan Party 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(f8.01(f); or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Credit and Guaranty Agreement
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent or any of its Subsidiaries Subsidiary 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 bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, 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 lawDebtor Relief Law, or shall consent to the appointment of or taking possession by a receiver, trustee liquidator, sequestrator, trustee, custodian or other custodian for officer having similar powers over Parent or any Subsidiary, or over all or a substantial part of its propertyproperty (other than any liquidation permitted by Section 6.8(b)(iii)); or Holdings Parent or any of its Subsidiaries Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings Parent or any of its Subsidiaries Subsidiary 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 Holdings Parent or any of its Subsidiaries Subsidiary (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in this Section 7.1(g) or in Section 8.1(f7.1(f); or;
Appears in 2 contracts
Samples: Credit Agreement (Navistar International Corp), Agreement (Navistar International Corp)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 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 Company or any of its Subsidiaries shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its propertytheir respective properties; or Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability, inability to pay its debts generally as such debts become due; or the board Board of directors (or similar governing body) Directors of Holdings Company 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 in clause (i) above or in Section 8.1(fthis clause (ii); PROVIDED that with respect to Subsidiaries of Company (other than Material Subsidiaries) the foregoing shall constitute an Event of Default only if such occurrence would have a Material Adverse Effect; or
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Company Inc), Credit Agreement (Dole Food Company Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings the Borrower or any of its Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief 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 Holdings the Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings 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 Holdings 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 in this Section 9.01(g) or in Section 8.1(f9.01(f); or
Appears in 2 contracts
Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries The Borrower 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 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 Holdings or any of its Subsidiaries the Borrower shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries the Borrower 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 Board of directors (or similar governing body) Directors of Holdings or any of its Subsidiaries the Borrower (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 2 contracts
Samples: Credit Agreement (Atlas Air Worldwide Holdings Inc), Credit Agreement (Atlas Air Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings CB Holdings, the Company or any of its Subsidiaries Material Subsidiary 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 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 Holdings the making by CB Holdings, the Company, or any Material Subsidiary of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings the admission by CB Holdings, the Company or any of its Material Subsidiaries shall be unable, or shall fail generally, or shall admit in writing of its inability, inability to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of Holdings CB Holdings, the Company or any of its Subsidiaries Material Subsidiary (or any committee thereof) shall adopt adopts any resolution or otherwise authorize any authorizes action to approve any of the actions referred to herein or in Section 8.1(f)foregoing; or
Appears in 2 contracts
Samples: Credit Agreement (Cb Commercial Real Estate Services Group Inc), Credit Agreement (Cb Commercial Holdings Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (ia) Holdings or any of its Subsidiaries Any Obligor 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 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 Holdings or any of its Subsidiaries Obligor shall make any assignment for the benefit of creditors; or (iib) Holdings or any of its Subsidiaries Obligor 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 Holdings or any of its Subsidiaries Obligor (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); or12.1.8.
Appears in 2 contracts
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Subsidiaries OZ Subsidiary 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 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 Holdings any Credit Party or any of its Subsidiaries OZ Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Subsidiaries OZ Subsidiary shall be unable, or shall fail generally, or shall admit in writing its inability, to pay its debts in excess of $50,000,000 as such debts become due; or the board of directors (or similar governing body) of Holdings any Credit Party or any of its Subsidiaries OZ Subsidiary (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
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries 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 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 Holdings Company or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Company 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 Holdings Company 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
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Subsidiaries 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings the Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings 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 Holdings 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 8.1(f8.01(f); or
Appears in 2 contracts
Samples: Credit Agreement (Leonardo DRS, Inc.), Credit Agreement (Leonardo DRS, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (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 the Bankruptcy Code 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 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 (or similar governing body) 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
Appears in 2 contracts
Samples: Term Loan and Guaranty Agreement (Fedders Corp /De), Revolving Loan and Guaranty Agreement (Fedders Corp /De)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Borrower or any of its Subsidiaries 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 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 Holdings the Borrower or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings 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 (iii) the board Board of directors (or similar governing body) Directors of Holdings 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 in clauses (i) or in Section 8.1(f)(ii) above; or
Appears in 2 contracts
Samples: Credit Agreement (Pantry Inc), Credit Agreement (Pantry Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent or any of its Material Subsidiaries 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 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 substantially of its property; or Holdings Parent or any of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Holdings Parent or any of its Material 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 Board of directors (or similar governing body) Directors of Holdings Parent or any of its Material Subsidiaries (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in clause (i) above or in Section 8.1(fthis clause (ii); or
Appears in 2 contracts
Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party, any Subsidiary or any of its Subsidiaries Owner Pledgor 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 bankruptcy, insolvency or similar law Debtor Relief Laws 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 Holdings any Credit Party, any Subsidiary or any of its Subsidiaries Owner Pledgor shall make any general assignment for the benefit of creditors; creditors or (ii) Holdings any Credit Party, any Subsidiary or any of its Subsidiaries Owner Pledgor 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 Holdings any Credit Party or any of its Subsidiaries (Subsidiary or any committee thereof) thereof shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f9.1(f); or
Appears in 2 contracts
Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The ParentBorrower, any Credit Party or any of its Subsidiaries Material Subsidiary 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 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 Holdings the ParentBorrower, any Credit Party or any of its Subsidiaries Material Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings the ParentBorrower, any Credit Party or any of its Subsidiaries Material Subsidiary shall be unable, or shall fail generally, or shall admit in writing its their respective inability, to pay its debts as such debts become due; or the board of directors (or similar governing body) of Holdings the ParentBorrower, any Credit Party or any of its Subsidiaries Material Subsidiary (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein in this Section 7.7 or in Section 8.1(f)7.6; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Term Loan Agreement (Assurant Inc)
Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Parent, Holdings or any of its their Subsidiaries 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 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 Parent, Holdings or any of its their Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Parent, Holdings or any of its their 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 Parent, Holdings or any of its their 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
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Bell Powersports, Inc.), Credit and Guaranty Agreement (Easton-Bell Sports, Inc.)
Voluntary Bankruptcy; Appointment of Receiver, Etc. By either Party, if (iA) Holdings the Non-Compliant Party or any of its Subsidiaries parent company 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 U.S. federal, state or foreign 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 trustee, conservator or other custodian for all or a substantial part of its property; or Holdings the Non-Compliant Party or any of its Subsidiaries parent company, shall make any assignment for the benefit of creditors; creditors or (iiB) Holdings the Non-Compliant Party or any of its Subsidiaries parent company 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 Holdings the Non-Compliant Party or any of its Subsidiaries parent company (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(fherein. (vi); or
Appears in 2 contracts
Samples: Brokerage Agreement, Brokerage Agreement
