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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign 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 or any of its Subsidiaries (other than Excluded Foreign Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign 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 or any committee thereof) of Holdings or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Company or any of its Subsidiaries (other than an Excluded Foreign Insignificant 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 Excluded Foreign Subsidiariesan Insignificant Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings Company or any of its Subsidiaries (other than an Excluded Foreign Insignificant 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 or any committee thereofbody) of Holdings Company or any of its Subsidiaries (other than an Excluded Foreign Insignificant 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiarySubsidiaries) 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 Excluded Foreign Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiarySubsidiaries) 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 or any committee thereof) Directors of Holdings or any of its Subsidiaries (other than an Excluded Foreign Subsidiaryor 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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 any Credit Party or any of its Restricted Subsidiaries (other than Excluded Foreign Subsidiariesan Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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 or any committee thereofbody) of Holdings any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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(f8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Subsidiaries Restricted Subsidiary (other than an Excluded Foreign a Restricted Holding Company Subsidiary) shall have an order for relief entered with respect to it it, or shall give notice of intention to file a proposal, or file a proposal, or shall commence a voluntary case, in each 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 lawGovernmental Rule, or shall consent to the appointment of or taking possession by a receiver, receiver-manager, administrator, trustee or other custodian for all or a substantial part of its property; or Holdings any Credit Party or any of its Subsidiaries (other than Excluded Foreign Subsidiaries) such Restricted Subsidiary shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) such Restricted Subsidiary shall be unable, or shall fail generally, or shall admit in writing its (or their) inability, to pay its debts as such debts become due; or the board of directors (or similar governing body (or any committee thereof)) of Holdings any Credit Party or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) such Restricted Subsidiary shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f) (provided, that in either (i) or (ii) above, no Default or Event of Default shall occur hereunder, in the case of any Restricted Subsidiary (other than a Restricted Holding Company Subsidiary) unless such event could reasonably be expected to have a Material Adverse Effect); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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 in writing 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 in writing 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 Restricted Subsidiaries (other than Excluded Foreign Subsidiariesany Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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 or any committee thereofbody) of Holdings any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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(f9.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 Excluded Foreign Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or"

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) MBW LLC, Holdings or Company or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 MBW LLC, Holdings or Company or any of its Subsidiaries (other than Excluded Foreign Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) MBW LLC, Holdings or Company or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 of MBW LLC, Holdings or similar governing body or any committee thereof) of Holdings Company or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Subsidiaries (other than an Excluded Foreign 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 Borrower or any of its Subsidiaries (other than an Excluded Foreign SubsidiariesSubsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) 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 of directors (or similar governing body or any committee thereofbody) of Holdings Borrower or any of its Subsidiaries (or any committee thereof) (other than with respect to an Excluded Foreign Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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 any Credit Party or any of its Restricted Subsidiaries (other than Excluded Foreign Subsidiariesan Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign Immaterial Subsidiary) shall be unable, 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 or any committee thereofbody) of Holdings any Credit Party or any of its Restricted Subsidiaries (other than an Excluded Foreign 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(f8.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign any Insignificant 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 trustee, custodian or other custodian similar officer for all or a substantial part of its property; or Holdings or any of its Subsidiaries (other than Excluded Foreign Subsidiariesany Insignificant Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign any Insignificant 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (other than an Excluded Foreign any Insignificant 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent, Company or any of its Company's Subsidiaries (other than an Excluded Foreign Inactive 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 Parent, Company or any of its Company's Subsidiaries (other than Excluded Foreign Subsidiariesan Inactive Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings Parent, Company or any of its Company's Subsidiaries (other than an Excluded Foreign Inactive Subsidiary) shall be unable, unable or shall fail generallyfail, 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 or any committee thereof) Directors of Holdings Parent, Company or any of its Company's Subsidiaries (other than an Excluded Foreign Inactive 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrower or any of its Restricted Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 Restricted Subsidiaries (other than Excluded Foreign Immaterial Subsidiaries) shall make any general assignment for the benefit of creditors; or (ii) Holdings Borrower or any of its Restricted Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 body) of Borrower or any of its Restricted Subsidiaries (other than Immaterial Subsidiaries) (or any committee thereof) of Holdings or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f9.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 Excluded Foreign Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (or any committee thereof) (other than an Excluded Foreign SubsidiaryImmaterial Subsidiaries) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 104 Holdings or any of its Subsidiaries (other than Excluded Foreign Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Lead Borrower or any of its Subsidiaries (other than an Excluded Foreign Immaterial Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case (including, without limitation, a winding-up, dissolution, reorganization, compromise or arrangement) 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, trustee or other custodian for all or a substantial part of its property; or Holdings the Lead Borrower or any of its Subsidiaries (other than Excluded Foreign Subsidiariesan Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings the Lead Borrower or any of its Subsidiaries (other than an Excluded Foreign 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 or any committee thereofbody) of Holdings the Lead Borrower or any of its Subsidiaries (other than an Excluded Foreign 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign 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 (ii) Holdings or any of its Subsidiaries (other than Excluded Foreign Subsidiariesan Immaterial Subsidiary) shall make any assignment for the benefit of creditors; or (iiiii) Holdings or any of its Subsidiaries (other than an Excluded Foreign 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (other than an Excluded Foreign 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(f7.01(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings The Company or any of its Subsidiaries (other than an Excluded Foreign Insignificant 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 Company or any of its Subsidiaries (other than Excluded Foreign Subsidiariesan Insignificant Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings the Company or any of its Subsidiaries (other than an Excluded Foreign Insignificant 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 or any committee thereofbody) of Holdings the Company or any of its Subsidiaries (other than an Excluded Foreign Insignificant 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

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 104 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 Excluded Foreign Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Parent or any of its Subsidiaries (other than an Excluded Foreign Subsidiaryany Nonrecourse 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 Debtor Relief Law or similar law now or hereafter in effect, or shall consent to to, or shall not timely oppose, 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 to, or shall not timely oppose, 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 (other than Excluded Foreign any Nonrecourse Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings Parent or any of its Subsidiaries (other than an Excluded Foreign Subsidiaryany Nonrecourse 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 or any committee thereofbody) of Holdings Parent or any of its Subsidiaries (other than an Excluded Foreign Subsidiaryany Nonrecourse Subsidiaries) (or any committee thereof) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings the Borrower or any of its Subsidiaries (other than an Excluded Foreign 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 Borrower or any of its Subsidiaries (other than an Excluded Foreign SubsidiariesSubsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings the Borrower or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) 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 of directors (or similar governing body or any committee thereofbody) of Holdings the Borrower or any of its Subsidiaries (or any committee thereof) (other than with respect to an Excluded Foreign Subsidiary) shall adopt any resolution or otherwise authorize any action to approve any of the actions referred to herein or in Section 8.1(f); or

Voluntary Bankruptcy; Appointment of Receiver, Etc. Following the Exit Facilities Conversion Date, (i) Holdings or any of its Subsidiaries (other than an Excluded Foreign any Inactive Subsidiary) shall have an order for relief entered with respect to it or shall commence a voluntary case or application under the Bankruptcy Code Code, Canadian Insolvency Law or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, including, without limitation, filing a notice of intention to make a proposal pursuant to the BIA or shall consent to the entry of an order for relief in an involuntary casecase or application, or to the conversion of an involuntary case or application to a voluntary casecase or application, under any such law, or shall consent to the appointment of or taking possession by a receiver, receiver-manager, interim receiver, monitor, administrator, liquidator, sequestrator, trustee or other custodian for all or a substantial part of its property; or Holdings or any of its Subsidiaries (other than Excluded Foreign Subsidiariesany Inactive Subsidiary) shall make any assignment for the benefit of creditors; or (ii) Holdings or any of its Subsidiaries (other than an Excluded Foreign any Inactive 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 or any committee thereofbody) of Holdings or any of its Subsidiaries (other than an Excluded Foreign any Inactive 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); oror 129

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Global Parent or any of its Subsidiaries (other than an excluding the Excluded Foreign SubsidiaryEntities) 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 (other than excluding the Excluded Foreign SubsidiariesEntities) shall make any assignment for the benefit of creditors; , or (ii) Holdings Global Parent or any of its Subsidiaries (other than an excluding the Excluded Foreign SubsidiaryEntities) 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 or any committee thereof) of Holdings Global Parent or any of its Subsidiaries (other than an excluding the Excluded Foreign SubsidiaryEntities) (or any committee thereof 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, or - 146 -

Voluntary Bankruptcy; Appointment of Receiver, Etc. (i) Holdings Borrowers or any of its their Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 Borrowers or any of its their 104 CREDIT AGREEMENT Subsidiaries (other than Excluded Foreign Immaterial Subsidiaries) shall make any assignment for the benefit of creditors; or (ii) Holdings Borrowers or any of its their Subsidiaries (other than an Excluded Foreign SubsidiaryImmaterial 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 of Borrowers or any of their Subsidiaries (or similar governing body other than Immaterial Subsidiaries) (or any committee thereof) of Holdings or any of its Subsidiaries (other than an Excluded Foreign Subsidiary) 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