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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party 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 any Loan Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Appears in 13 contracts

Samples: Secured Credit Agreement (Bright Mountain Media, Inc.), Secured Credit Agreement (Bright Mountain Media, Inc.), Senior Secured Credit Agreement (Bright Mountain Media, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan such Credit Party shall make any assignment for the benefit of creditors; , or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 such Credit Party (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.1(g); or

Appears in 10 contracts

Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Credit Agreement (CURO Group Holdings Corp.)

AutoNDA by SimpleDocs

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party 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 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 Company or any Loan Party of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) Company or any Loan Party of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of Company or any of its Subsidiaries (or similar governing bodyany committee thereof) of any Loan Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Appears in 7 contracts

Samples: Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i1) Any Loan Credit 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 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 any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii2) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f)clause (e) above; or

Appears in 6 contracts

Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC), Credit Agreement (FS Energy & Power Fund)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party 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 any Loan Party Obligor shall make any assignment for the benefit of creditors; or (ii) any Loan Party Obligor shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of any Obligor (or similar governing bodyany committee thereof) of any Loan Party 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 8.01(fthis clause (ii); or

Appears in 5 contracts

Samples: Second Lien Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 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, interim receiver, receiver manager, trustee or other custodian for all or a substantial part of its property; or any Loan Party Issuer shall make any assignment for the benefit of creditors; , or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) of any Loan Party Directors shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(g); or.

Appears in 4 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement (Green Thumb Industries Inc.), Note Purchase Agreement (Green Thumb Industries Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit Party shall have an order for relief entered with respect to it or the Servicer 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 any Loan Party the Borrower shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party or the Servicer shall be unable, or shall fail generally, or 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 such Credit Party or the Servicer, as applicable, (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.1(h); or

Appears in 4 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc), Credit Agreement (Consumer Portfolio Services Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of any Loan Party (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 8.01(fthis clause (ii); or

Appears in 4 contracts

Samples: Credit Agreement (Optel Inc), Credit and Guaranty Agreement (Prime Succession Inc), Credit Agreement (E Spire Communications Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party Borrower or any 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 effectInsolvency 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 lawlaws, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party Borrower or any Material Subsidiary shall make any assignment for the benefit of creditors; or (ii) any Loan Party Borrower or any Material Subsidiary shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of any Borrower or any Material Subsidiary (or similar governing bodyany committee thereof) of any Loan Party 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 8.01(fthis clause (ii); or

Appears in 4 contracts

Samples: Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party 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 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 the Company or any Loan Party of its Material Subsidiaries shall make any assignment for the benefit of creditors; or (ii) the Company or any Loan Party shall be unable, or of its Material Subsidiaries shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board of directors of the Company or any of its Material Subsidiaries (or similar governing bodyany committee thereof) of any Loan Party 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 8.01(fthis clause (ii); or

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Note 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Note Party shall make any assignment for the benefit of creditors; or (ii) any Loan Note Party shall be unable, or shall fail generally, or 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 any Loan Note 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 8.01(f8.1(f); or

Appears in 3 contracts

Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of any Credit Party (or similar governing bodyany committee thereof) of any Loan Party 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 8.01(fthis clause (ii); or

Appears in 3 contracts

Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Regent Communications Inc), Credit Agreement (Beasley Broadcast Group Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party 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 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 the Company or any Loan Party of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) the Company or any Loan Party of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of the Company or any of its Subsidiaries (or similar governing bodyany committee thereof) of any Loan Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.), Credit and Guaranty Agreement (Veritone, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Borrower Party 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 of it 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 any Loan Party shall make any a general assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability to generally not pay its debts as such debts they become due; or the board of directors such Borrower Party (or similar governing bodyany committee thereof) of any Loan Party shall adopt adopts any resolution or otherwise authorize any authorizes action to approve any of the actions referred to herein or in Section 8.01(f)foregoing; or

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit Party or any 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 law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party or any Subsidiary shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party or any Subsidiary shall be unable, or shall fail generally, or 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 any Loan Credit Party or any 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 8.01(f9.1(f); oror Exhibit 10.1

Appears in 2 contracts

Samples: Credit Agreement (Hibbett Inc), Credit Agreement (Hibbett Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or 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 any Loan Party (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 8.01(f8.1(f); or

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (U.S. Well Services, Inc.), Intercreditor Agreement (U.S. Well Services, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f); or

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (NXT-Id, Inc.), Secured Credit Agreement (NXT-Id, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors (or similar governing body) of any Loan 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 8.01(f9(f); or

Appears in 2 contracts

Samples: Credit Agreement (T-Mobile US, Inc.), Credit Agreement (Metropcs Communications Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f9(f); or

Appears in 2 contracts

Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party the Borrower shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 such Credit Party (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.1(f); or

Appears in 2 contracts

Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party 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 any Loan Party Borrower shall make any assignment for the benefit of creditors; or (ii) any Loan Party Borrower shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of Borrower (or similar governing bodyany committee thereof) of any Loan Party 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 8.01(fthis clause (ii); or

Appears in 2 contracts

Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Apollo Real Estate Investment Fund Ii L P)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Note 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Note Party shall make any assignment for the benefit of creditors; or (ii) any Loan Note Party shall be unable, or shall fail generally, or 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 any Loan Note 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 8.01(f9.1(f); or

Appears in 2 contracts

Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Osage Exploration & Development Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i1) Any Loan Credit 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 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 any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii2) any Loan Credit Party (other than the Parent) shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f)clause (e) above; or

Appears in 2 contracts

Samples: Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Owl Rock Technology Income Corp.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f8.1(f); or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vought Aircraft Industries Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (ix) Any Loan the Issuer or any other Note Party shall have an order for relief entered with respect to it or shall commence a voluntary case under the Bankruptcy Code or other similar proceeding 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 the Issuer or any Loan other Note Party shall make any assignment for the benefit of creditors; or (iiy) the Issuer or any Loan other Note Party shall be unable, or shall fail generally, or 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 the Issuer or any Loan other Note 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 8.01(f13(a)(v); or;

Appears in 1 contract

Samples: Lordstown Motors Corp.

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Transaction 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 Law now or hereafter in effect, including, without limitation, the Bankruptcy 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 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 respective property; or the making by any Loan Transaction Party shall make of any general assignment for the benefit of creditors; or (ii) the inability of any Loan Transaction Party shall be unable, or shall fail generally, or shall admit the admission by any Transaction Party in writing of its inability generally to pay its debts as such debts become due; or the board Board of directors (Directors or a similar governing body) body of any Loan Transaction Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in this Section 8.01(f); or8.1G.

Appears in 1 contract

Samples: Note Purchase Agreement (Ormat Technologies, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party Group Member 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 any Loan Party Group Member shall make any assignment for the benefit of creditors; or (ii) any Loan Party Group Member shall be unable, or shall fail generally, or 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 any Loan Party Group Member (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 8.01(f8.1(f); or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan NF Party shall have an order for relief entered with respect to it or Holding 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 any Loan such NF Party or Holding shall make any assignment for the benefit of creditors; , or (ii) any Loan NF Party or Holding shall be unable, or shall fail generally, or 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 such NF Party or Holding (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.1(g); or

Appears in 1 contract

Samples: Credit Agreement (Nicholas Financial Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 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 any Loan Credit Party shall make any assignment for the benefit of creditors; , or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f8.1(e); or.

Appears in 1 contract

Samples: Credit and Security Agreement (Transphorm, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; , or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or (iii) the board of directors (or similar governing body) of any Loan 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 8.01(f8.1(f); or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nuvox Inc /De/)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i1) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of any Loan Party (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 8.01(fthis clause (ii); or

Appears in 1 contract

Samples: Credit Agreement (Eldorado Resorts LLC)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generallyfail, or shall admit in writing its inability inability, generally to pay its debts as such debts become due; or the board Board of directors Directors (or similar governing body) of any Loan 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 8.01(f8.1(f); or

Appears in 1 contract

Samples: Term Loan Credit Agreement (Viking Energy Group, Inc.)

AutoNDA by SimpleDocs

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f8.1(f); or

Appears in 1 contract

Samples: Credit Agreement (Energy & Exploration Partners, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 any Loan Credit Party or any of its Subsidiaries shall make any general assignment for the benefit of creditors; creditors or (ii) any Loan Credit Party or any of its Subsidiaries shall be unable, or shall fail generally, or 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 any Loan Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f); or

Appears in 1 contract

Samples: Credit Agreement (Viemed Healthcare, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 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 caseease, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f8.1(f); or

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Telvent Git S A)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party (other than an English Loan Party) or any Rubraca 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 any Loan Party (other than an English Loan Party) or any Rubraca Subsidiary shall make any assignment for the benefit of creditors; or (ii) any Loan Party (other than an English Loan Party) or any Rubraca Subsidiary shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of any Loan Party (other than an English Loan Party) or any Rubraca Subsidiary shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Appears in 1 contract

Samples: Financing Agreement (Clovis Oncology, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 Debtor Relief Law or similar law now or hereafter herein after in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan such Credit Party shall make any assignment for the 72 4885-4330-5790v.25 benefit of creditors; , or (ii) any Loan Credit Party 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 of directors (or similar governing body) of such Credit Party (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f9.1(f); or

Appears in 1 contract

Samples: Senior Secured Loan Agreement (Greenidge Generation Holdings Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 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, interim receiver, receiver manager, trustee or other custodian for all or a substantial part of its property; or any Loan Party Issuer shall make any assignment for the benefit of creditors; , or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) of any Loan Party Directors shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1 (g); or.

Appears in 1 contract

Samples: Note Purchase Agreement

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 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 any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f7.1(f); or

Appears in 1 contract

Samples: Credit Agreement (Healing Co Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan such Credit Party shall make any assignment for the benefit of creditors; , or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 such Credit Party (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.1(f); or

Appears in 1 contract

Samples: Credit Agreement (ATN International, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party or COPL 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 propertyProperty; or any Loan Party or COPL shall make any assignment for the benefit of creditors; or (ii) any Loan Party or COPL shall be unable, or shall fail generallyfail, or shall admit in writing its inability inability, generally to pay its debts as such debts become due; or the board Board of directors Directors (or similar governing body) of any Loan Party or COPL (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 8.01(f8.1(f); or

Appears in 1 contract

Samples: Term Loan Credit Agreement

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 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 any Loan such Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 such Credit Party (or any Loan Party committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f7.1(f); or

Appears in 1 contract

Samples: Credit Agreement (MMA Capital Holdings, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law Insolvency 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, interim receiver, receiver-manager, Examiner, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; , or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f8.1(h); or.

Appears in 1 contract

Samples: Credit Agreement (Esports Technologies, Inc.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i1) Any Loan Credit 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 similar law Debtor Relief Laws now or hereafter hereaf ter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii2) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(fclause (e) above; or (g); or

Appears in 1 contract

Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Restricted 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Restricted Party shall make any assignment for the benefit of creditors; or (ii) any Loan Restricted Party shall be unable, or shall fail generally, or 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 any Loan Restricted 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 8.01(f); or

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) 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 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 any Loan Party or any of its Subsidiaries shall make any assignment for the benefit of creditors; or (ii) any Loan Party 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 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 8.01(f) or (h); or

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Quantum Corp /De/)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Party shall make any assignment for the benefit of creditors; or (ii) any Loan Party shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors (or similar governing body) Directors of any Loan Party (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 8.01(fthis clause (ii); oror 8.8

Appears in 1 contract

Samples: Credit Agreement (Circus Circus Enterprises Inc)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Party 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 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 Company or any Loan Party of its Subsidiaries shall 113 ​ make any assignment for the benefit of creditors; or (ii) Company or any Loan Party of its Subsidiaries shall be unable, or shall fail generally, or shall admit in writing its inability inability, to pay its debts as such debts become due; or the board Board of directors Directors of Company or any of its Subsidiaries (or similar governing bodyany committee thereof) of any Loan Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(f8.1(f); or

Appears in 1 contract

Samples: Note Purchase Agreement (Capstone Green Energy Corp)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Loan Credit 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 similar law now or hereafter in effect, or shall consent to the entry of an order for relief in an involuntary case, or to the conversion of an involuntary case to a voluntary case, under any such law, or shall consent to the appointment of or taking possession by a receiver, trustee or other custodian for all or a substantial part of its property; or any Loan Credit Party shall make any assignment for the benefit of creditors; or (ii) any Loan Credit Party shall be unable, or shall fail generally, or 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 any Loan 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 8.01(f7.1(f) (Involuntary Proceeding); or

Appears in 1 contract

Samples: Revolving Credit Agreement (TBS International LTD)

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Any Parent or any other Loan 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 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 Parent or any other Loan Party shall make any assignment for the benefit of creditors; or (ii) Parent or any other Loan Party shall be unable, or shall fail generally, or 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 any Loan Party shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.01(fh); or

Appears in 1 contract

Samples: New Residential Investment Corp.

Time is Money Join Law Insider Premium to draft better contracts faster.