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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower Party, or any Borrower Party commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party or for all or a substantial part of the property of any Borrower Party; (ii) any Borrower Party makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H); or

Appears in 14 contracts

Samples: Loan and Security Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc)

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Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower PartyParty or Manager, or any Borrower Party or Manager commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party or Manager, or for all or a substantial part of the property of any Borrower PartyParty or Manager; (ii) any Borrower Party or Manager makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party or Manager adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H); or

Appears in 4 contracts

Samples: Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Global Signal Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower Party, or any Borrower Party such Person commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party or for all or a substantial part of the property of any Borrower Party; (ii) any Borrower Party makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H); or

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc), Loan and Security Agreement (HRPT Properties Trust)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower Party, or any Borrower Party commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party Party, or for all or a substantial part of the property of any Borrower Party; (ii) any Borrower Party makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H8.1(G); or

Appears in 3 contracts

Samples: Loan and Security Agreement (Sba Communications Corp), Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (Sba Communications Corp)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i1) An order for relief is entered with respect to Borrower, any Borrower Party, of the Restricted Subsidiaries or any Borrower other Loan Party or Borrower, any of the Restricted Subsidiaries or any other Loan Party commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party or for all or a substantial part of its property; or (2) Borrower, any of the property of Restricted Subsidiaries or any Borrower Party; (ii) any Borrower other Loan Party makes any assignment for the benefit of creditors; or (iii3) the Board board of Directors directors of Borrower, any of the Restricted Subsidiaries or any other governing body of any Borrower Loan Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H); or

Appears in 2 contracts

Samples: Loan and Security Agreement (Chief Auto Parts Inc), Loan and Security Agreement (Chief Auto Parts Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower Party, or any Borrower Party commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party Party, or for all or a substantial part of the property of any Borrower Party; (ii) any Borrower Party makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(HSection 8.1(G); or

Appears in 2 contracts

Samples: Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (American Tower Corp /Ma/)

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Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower Party, or any Borrower Party such Person commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party or for all or a substantial part of the property of any Borrower Party; or (ii) any Borrower Party makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H); or

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for -------------------------------------------------- relief is entered with respect to any Borrower Party, or any Borrower Party such Person commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Party or for all or a substantial part of the property of any Borrower Party; (ii) any Borrower Party makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Party adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H); or

Appears in 1 contract

Samples: Loan and Security Agreement (Ventas Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) An order for relief is entered with respect to any Borrower PartyIssuer Party or Manager, or any Borrower Issuer Party or Manager commences a voluntary case under the Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents 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 consents to the appointment of or taking possession by a receiver, trustee or other custodian for any Borrower Issuer Party or Manager, or for all or a substantial part of the property of any Borrower PartyIssuer Party or Manager; (ii) any Borrower Issuer Party or Manager makes any assignment for the benefit of creditors; or (iii) the Board of Directors or other governing body of any Borrower Issuer Party or Manager adopts any resolution or otherwise authorizes action to approve any of the actions referred to in this subsection 8.1(H10.01(g); or;

Appears in 1 contract

Samples: Crown Castle International Corp

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