Common use of Bankruptcy, etc Clause in Contracts

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 26 contracts

Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico)

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Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries Material Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of their its property or ordering order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 26 contracts

Samples: Revolving Credit Agreement (Atmos Energy Corp), Revolving Credit Agreement (Atmos Energy Corp), Term Loan Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 23 contracts

Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 22 contracts

Samples: Revolving Credit Agreement (Dominion Resources Inc /Va/), Revolving Credit Agreement (Dominion Resources Inc /Va/), Revolving Credit Agreement (Dominion Resources Inc /Va/)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower a Credit Party or any of its Subsidiaries a Subsidiary (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower such Credit Party or any of its Subsidiaries Subsidiary in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower such Credit Party or any of its Subsidiaries Subsidiary or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower such Credit Party or any of its Subsidiaries Subsidiary and such petition remains unstayed and in effect for a period of sixty (60) 90 consecutive days; or (iii) the Borrower such Credit Party or any of its Subsidiaries Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower such Credit Party or any of its Subsidiaries Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 13 contracts

Samples: Credit Agreement (DCP Midstream, LP), Credit Agreement (DCP Midstream, LP), Term Loan Agreement (DCP Midstream Partners, LP)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries following: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any a Material Subsidiary of its Subsidiaries the Borrower in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any a Material Subsidiary of its Subsidiaries the Borrower or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any a Material Subsidiary of its Subsidiaries the Borrower and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any a Material Subsidiary of its Subsidiaries the Borrower shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any a Material Subsidiary of its Subsidiaries the Borrower shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 11 contracts

Samples: Credit Agreement (Consolidated Natural Gas Co/Va), Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Dominion Resources Inc /Va/)

Bankruptcy, etc. The occurrence of any of the following with respect to the any Borrower or any of its Subsidiaries Significant Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of its Significant Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the any Borrower or any of its Significant Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the any Borrower or any of its Significant Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the any Borrower or any of its Significant Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the any Borrower or any of its Significant Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 11 contracts

Samples: Credit Agreement (Brandywine Operating Partnership, L.P.), Revolving Credit Agreement (Brandywine Operating Partnership, L.P.), Term Loan C Agreement (Brandywine Operating Partnership, L.P.)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries following: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 11 contracts

Samples: Credit Agreement (Ryans Restaurant Group Inc), Credit Agreement (Pulte Corp), Credit Agreement (Wesco International Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries Principal Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Principal Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Principal Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Principal Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Principal Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Principal Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 9 contracts

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.), Five Year Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Virginia Electric & Power Co), Revolving Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Dominion Energy South Carolina, Inc.)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries such Material Subsidiary in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries such Material Subsidiary or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries such Material Subsidiary and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries such Material Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries such Material Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 7 contracts

Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries a Significant Subsidiary: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries a Significant Subsidiary in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries a Significant Subsidiary or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries a Significant Subsidiary and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries a Significant Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries a Significant Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 6 contracts

Samples: Term Loan Agreement (Alabama Power Co), Bridge Credit Agreement (Southern Co), Multi Year Credit Agreement (Alabama Power Co)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of any of the Borrower or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 5 contracts

Samples: Credit Agreement (Chattem Canada Holdings Inc), Credit Agreement (Chattem Inc), Credit Agreement (Chattem Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries following: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 4 contracts

Samples: Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 4 contracts

Samples: Credit Agreement (Brandywine Realty Trust), Credit Agreement (United Dominion Realty Trust Inc), Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Credit Agreement (Sports & Recreation Inc), Credit Agreement (Riddell Sports Inc), Credit Agreement (Varsity Spirit Corporation)

Bankruptcy, etc. The occurrence of any of the following with respect to any member of the Borrower or any of its Subsidiaries Consolidated Group (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of any member of the Borrower or any of its Subsidiaries Consolidated Group in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of any member of the Borrower or any of its Subsidiaries Consolidated Group or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against any member of the Borrower or any of its Subsidiaries Consolidated Group and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) any member of the Borrower or any of its Subsidiaries Consolidated Group shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) any member of the Borrower or any of its Subsidiaries Consolidated Group shall admit in writing its inability to pay its debts generally as they become due due; or (v) any writ or warrant of attachment or execution or similar process shall be issued or levied against all or any action shall be taken by any Person in furtherance material part of the property of any member of the aforesaid purposesConsolidated Group and is not released, vacated or fully bonded within 30 days after its issue or levy.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Term Credit Agreement (Pan Pacific Retail Properties Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the a Borrower or any of its Subsidiaries a Material Subsidiary (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the a Borrower or any of its Subsidiaries a Material Subsidiary in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the a Borrower or any of its Subsidiaries a Material Subsidiary or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the a Borrower or any of its Subsidiaries a Material Subsidiary and such petition remains unstayed and in effect for a period of sixty (60) 90 consecutive days; or (iii) the a Borrower or any of its Subsidiaries a Material Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the a Borrower or any of its Subsidiaries a Material Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Day Credit Agreement (Duke Energy Field Services LLC), Credit Agreement (Duke Energy Field Services LLC), Day Credit Agreement (Duke Energy Field Services LLC)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Subsidiaries Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Brandywine Operating Partnership Lp /Pa), Term Loan Credit Agreement (Brandywine Operating Partnership Lp /Pa), Term Loan Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the such Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the such Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the such Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the such Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 3 contracts

Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of any of the Borrower or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.. (g)

Appears in 2 contracts

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

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Subsidiaries Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Term Credit Agreement (Brandywine Realty Trust), Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries a Material Subsidiary: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries a Material Subsidiary in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries a Material Subsidiary or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries a Material Subsidiary and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries a Material Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries a Material Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Day Term Loan Credit Agreement (Dominion Energy, Inc), Revolving Credit Agreement (Dominion Energy, Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower Parent Guarantor or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Parent Guarantor or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower Parent Guarantor or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower Parent Guarantor or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower Parent Guarantor or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower Parent Guarantor or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (PNM Resources Inc), Term Loan Credit Agreement (PNM Resources Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (PNM Resources), Credit Agreement (PNM Resources Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries (i) a court or governmental agency having jurisdiction juris diction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

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

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their its property or ordering order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive 60 days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or such Person Subsidiary or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Subsidiaries their Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its their Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its their Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its their Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its their Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its their Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 2 contracts

Samples: Credit Agreement (Medical Staffing Network Holdings Inc), Credit Agreement (Medical Staffing Network Holdings Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Loan Party or any of its Material Subsidiaries (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary or for any substantial material part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary and such 57 petition remains unstayed and in effect for a period of sixty 60 consecutive days (60or 120 consecutive days if a foreign proceeding) consecutive days; or (iii) the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person person or any substantial material part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person Loan Party in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Nabors Industries LTD)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries Principal Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Principal Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Principal Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Principal Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Principal Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Principal Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.. 66

Appears in 1 contract

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.)

Bankruptcy, etc. The occurrence of any of the following with respect to the any Borrower or any of its Subsidiaries Significant Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the any Borrower or any of its Significant Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the any Borrower or any of its Significant Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the any Borrower or any of its Significant Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the any Borrower or any of its Significant Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law 71 bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the any Borrower or any of its Significant Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan C Agreement (Brandywine Operating Partnership, L.P.)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries following: (i) a --------------- court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Davel Communications Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Subsidiaries their Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its their Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its their Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its their Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its their Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, 91 liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its their Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Medical Staffing Network Holdings Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to Holdings, the Borrower or any of its Subsidiaries their Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Holdings, Borrower or any of its their Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of any of Holdings, the Borrower or any of its their Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against Holdings, the Borrower or any of its their Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) Holdings, the Borrower or any of its their Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) Holdings, the Borrower or any of its their Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or is not generally paying its debts as they become due; or (v) Holdings, the Borrower or any of their Subsidiaries shall take any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Ivex Packaging Corp /De/)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) Borrower (a) commences a court voluntary case under the federal bankruptcy laws (as now or governmental agency having jurisdiction hereafter in the premises shall enter effect); (b) files a decree petition seeking to take advantage of any other laws, domestic or order foreign relating to bankruptcy, insolvency, reorganization, winding up or composition for relief adjustment of debts; (c) consents to or fails to contest in respect of the a timely and appropriate manner any petition filed against Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now such bankruptcy laws or hereafter in effectother laws; (d) applies for or consents to, or appoint fails to contest in a timely and appropriate manner, the appointment of, or the taking of possession by, a receiver, liquidator, assignee, custodian, trustee, sequestrator trustee or similar official liquidator of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property property, domestic or make any foreign; (e) admits in writing its inability to pay its debts as they become due; (f) makes a general assignment for the benefit of creditors; or (ivg) takes any formal corporate action for the purpose of effecting any of the foregoing; or (ii) (x) a case or other proceeding is commenced against Borrower in any court of competent jurisdiction seeking relief under the federal bankruptcy laws (as now or hereafter in effect) or under any other laws, domestic or foreign, relating to bankruptcy, insolvency, reorganization, winding up or adjustment of debts; or (y) the appointment of a trustee, receiver, custodian, liquidator or the like of the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due all or any action substantial part of the assets, domestic or foreign, of the Borrower, and, with respect to clauses (x) and (y) hereof, such case, proceeding or appointment shall continue undismissed or unstayed for a period of sixty (60) consecutive calendar days, or (iii) an order granting the relief requested in the case, proceeding or appointment referred to in clauses (ii)(x) and (ii)(y) above (including, but not limited to, an order for relief under such federal bankruptcy laws) shall be taken by any Person in furtherance of any of the aforesaid purposes.entered; or

Appears in 1 contract

Samples: Loan Agreement (United Foods Inc)

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Bankruptcy, etc. The occurrence of any of the following with --------------- respect to the Borrower or any of its Subsidiaries Material Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of their its property or ordering order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or affairs; (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or days; (iii) the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; creditors; or (iv) the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan Agreement

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries the Credit Parties (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries the Credit Parties in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries the Credit Parties or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries the Credit Parties and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries the Credit Parties shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries the Credit Parties shall admit in writing its inability to pay its debts generally as they become due or any action (excluding for purposes hereof, the seeking of legal advice) shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Delta & Pine Land Co)

Bankruptcy, etc. The occurrence of any of the following with respect to the a Borrower or any of its Subsidiaries a Material Subsidiary (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the a Borrower or any of its Subsidiaries a Material Subsidiary in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the a Borrower or any of its Subsidiaries a Material Subsidiary or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the a Borrower or any of its Subsidiaries a Material Subsidiary and such petition remains unstayed and in effect for a period of sixty (60) 90 consecutive days; or (iii) the a Borrower or any of its Subsidiaries a Material Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.make

Appears in 1 contract

Samples: Day Credit Agreement (Duke Energy Field Services LLC)

Bankruptcy, etc. The occurrence Proceedings seeking appointment of any a receiver, --------------- custodian, trustee or liquidator of the following with respect to Seller shall be commenced against the Borrower Seller without authorization, consent or application, and shall have not been alleviated within 60 days of such commencement or the Seller shall (a) make an assignment for the benefit of, or enter into any of its Subsidiaries composition or arrangement with, creditors; (b) (i) apply for or consent (by admission of material allegations of a court petition or governmental agency having jurisdiction in otherwise) to the premises shall enter a decree or order for relief in respect appointment of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator trustee or similar official liquidator of the Borrower or any Seller of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation properties of its affairs; the Seller, or (ii) an involuntary case under any applicable Debtor Relief Law now authorize such application or hereafter in effect is commenced against the Borrower consent, (c) (i) authorize or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence file a voluntary case under any applicable Debtor Relief Law now or hereafter petition in effectbankruptcy, or consent to the entry of suffer an order for relief in an involuntary case under any such federal bankruptcy law, or apply for or consent (by admission of material allegations of a petition or otherwise) to the appointment application of any bankruptcy, reorganization, arrangement, readjustment of debt, insolvency, dissolution, liquidation or taking possession by a receiverother similar law of any jurisdiction, liquidatoror (ii) authorize such application or consent, assigneeor proceedings to such end shall be instituted against the Seller without its authorization, custodian, trustee, sequestrator application or similar official consent and shall have not been alleviated within 60 days of such Person the institution thereof; (d) permit or suffer all or any substantial part of its property properties to be sequestered, attached, or make subjected to a Lien through any general assignment for legal proceeding or distraint which is not alleviated within 60 days of the benefit of creditorscommencement thereof; or (ive) the Borrower or any of its Subsidiaries admit in writing its inability to generally not pay its debts generally as they such debts become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.due;

Appears in 1 contract

Samples: Service Agreement (Brylane Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the such Borrower or any a Material Subsidiary of its Subsidiaries such Borrower shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.such Borrower

Appears in 1 contract

Samples: Credit Agreement (Dominion Resources Inc /Va/)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (ia) a court or governmental agency having jurisdiction in the premises shall enter There is entered against either Guarantor a decree or order by a court under the Bankruptcy Code or any other applicable law which shall remain in effect for relief a period of 60 days after entry (i) adjudging either Guarantor bankrupt, insolvent or in concurso mercantil, (ii) approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Borrower or any of its Subsidiaries in an involuntary case either Guarantor under any applicable Debtor Relief Law now or hereafter in effectlaw, or appoint (iii) appointing a receiver, "visitador", "conciliador", "sindico", "interventor", liquidator, assignee, custodian, trustee, sequestrator (or other similar official official) of the Borrower either Guarantor or any of its Subsidiaries or for any substantial part of their respective property or other assets, or (iv) ordering the winding up or liquidation of its affairs; or (iib) an involuntary case (i) either Guarantor (A) institutes proceedings or takes any form of corporate action to be liquidated or adjudicated bankrupt, insolvent, in suspension of payments or in concurso mercantil, (B) consents to the institution of bankruptcy (concurso mercantil) or insolvency proceedings against it, (C) files a petition or consent seeking reorganization, suspension of payments, concurso mercantil or relief under any applicable Debtor Relief Law now law or hereafter in effect is commenced against consents to the Borrower or filing of any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by of a receiver, "visitador", "conciliador", "sindico", "interventor", liquidator, assignee, custodian, trustee, sequestrator (or other similar official official) of such Person either Guarantor or of any substantial part of its property or make any their respective property, (D) makes a general assignment for the benefit of creditors; , or (ivE) the Borrower or any of its Subsidiaries admit admits in writing its inability to pay its debts generally as they become due or otherwise becomes insolvent, or (ii) any trust or corporate action shall be is taken by any Person in furtherance either Guarantor for the purpose of effecting any of the aforesaid purposes.foregoing; or (c) either Guarantor is dissolved or does not legally exist or is liquidated, of if Libbey and its Subsidiaries dispose of all or substantially all of their properties and assets; or

Appears in 1 contract

Samples: Libbey and Libbey Glass Guaranty (Libbey Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law 50 now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan Agreement (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries Material Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of their its property or ordering order the winding up or liquidation of its affairs; or (ii) an involuntary case under any 39 applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Bridge Credit Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Loan Party or any of its Material Subsidiaries (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary or for any substantial material part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary and such petition remains unstayed and in effect for a period of sixty 60 consecutive days (60or 120 consecutive days if a foreign proceeding) consecutive days; or (iii) the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person person or any substantial material part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower such Loan Party or any of its Subsidiaries such Material Subsidiary shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person Loan Party in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Nabors Industries LTD)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower Parent or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower Parent or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower Parent or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower Parent or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower Parent or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower Parent or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Gerber Childrenswear Inc)

Bankruptcy, etc. The occurrence of any of (a) There is entered against the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter Guarantor a decree or order by a court under the Bankruptcy Code or any other applicable law which shall remain in effect for relief a period of 60 days after entry (i) adjudging the Guarantor bankrupt, insolvent or in concurso mercantil, (ii) approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Borrower or any of its Subsidiaries in an involuntary case Guarantor under any applicable Debtor Relief Law now or hereafter in effectlaw, or appoint (iii) appointing a receiver, "visitador", "conciliador", "sindico", "interventor", liquidator, assignee, custodian, trustee, sequestrator (or other similar official official) of the Borrower Guarantor or any of its Subsidiaries or for any substantial part of their its property or other assets, or (iv) ordering the winding up or liquidation of its affairs; or (iib) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against (i) the Borrower Guarantor or any of its Subsidiaries and such (A) institutes proceedings or takes any form of corporate action to be liquidated or adjudicated bankrupt, insolvent, in suspension of payments or in concurso mercantil, (B) consents to the institution of bankruptcy (concurso mercantil) or insolvency proceedings against it, (C) files a petition remains unstayed and in effect for a period or consent seeking reorganization, suspension of sixty (60) consecutive days; payments, concurso mercantil or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case relief under any applicable Debtor Relief Law now law or hereafter in effect, or consent consents to the entry filing of an order for relief in an involuntary case under any such law, petition or consent to the appointment or taking possession by of a receiver, "visitador", "conciliador", "sindico", "interventor", liquidator, assignee, custodian, trustee, sequestrator (or other similar official official) of the Guarantor or such Person Subsidiary or of any substantial part of its property or make any their respective property, (D) makes a general assignment for the benefit of creditors; , or (ivE) the Borrower or any of its Subsidiaries admit admits in writing its inability to pay its debts generally as they become due or otherwise becomes insolvent, or (ii) any trust or corporate action shall be is taken by the Guarantor or any Person in furtherance of its Subsidiaries for the purpose of effecting any of the aforesaid purposes.foregoing; or

Appears in 1 contract

Samples: Vitro Sa De Cv

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower any Credit Party or any of its Subsidiaries Subsidiaries: (i) a court or governmental agency Governmental Authority having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower any Credit Party or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower any Credit Party or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower any Credit Party or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower any Credit Party or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower any Credit Party or any of its Subsidiaries shall be generally unable or shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Brandywine Realty Trust)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower, a Material Subsidiary of the Borrower or any of its Subsidiaries the Guarantor shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Term Loan Agreement (Dominion Midstream Partners, LP)

Bankruptcy, etc. The occurrence of any of the following with respect to the Parent, the Borrower or any of its their Subsidiaries (other than an Insignificant Subsidiary) (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent, the Borrower or any of its their Subsidiaries (other than an Insignificant Subsidiary) in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of any of the Parent, the Borrower or any of its their Subsidiaries (other than an Insignificant Subsidiary) or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Parent, the Borrower or any of its their Subsidiaries (other than an Insignificant Subsidiary) and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Parent, the Borrower or any of its their Subsidiaries (other than an Insignificant Subsidiary) shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Parent, the Borrower or any of its their Subsidiaries (other than an Insignificant Subsidiary) shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Knoll Inc)

Bankruptcy, etc. The occurrence Of Obligor. (i) Obligor shall commence any --------------------------- case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or other relief of the following debtors, seeking to have an order for relief entered with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effectit, or appoint seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other similar relief with respect to it or its debts, or (B) seeking appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator conservator, custodian or other similar official of the Borrower or any of its Subsidiaries for it or for all or any substantial part of their property its assets, or ordering Obligor shall make a general assignment for the winding up or liquidation benefit of its affairscreditors (collectively, "Proceeding"); or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is there shall be commenced against ---------- Obligor any Proceeding of a nature referred to in clause (i) above which (A) results either in the Borrower entry of a judgment, decree or other order for relief ("Order") or an appointment and any such Order or appointment remains ----- undismissed in a manner reasonably satisfactory to Holder ("Undismissed") for a ----------- period of 60 days; the foregoing shall include the commencement against Obligor of any Proceeding seeking issuance of a warrant of attachment, execution, distraint or similar process against all of any substantial part of its Subsidiaries and assets which results in the entry of an Order for any such petition relief which remains unstayed and Undismissed in effect a manner reasonably satisfactory to Holder for a period of sixty (60) consecutive 60 days; or (iii) the Borrower Obligor takes any action substantially in furtherance of or expressly indicating its consent to, approval of or acquiescence in, any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now the acts set forth in clause (i) or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors(ii) above; or (iv) the Borrower Obligor shall generally not be able to, or any of its Subsidiaries shall expressly admit in writing its inability to to, pay its debts generally as they the become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.due;

Appears in 1 contract

Samples: Negotiable Promissory Note and Agreement (UC Hub Group Inc)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding winding-up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Lease (Public Service Co of New Mexico)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Subsidiaries Material Subsidiaries: (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Material Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Material Subsidiaries or for any substantial part of their its property or ordering order the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Material Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Material Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law 42 bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Material Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Revolving Credit Agreement (Atmos Energy Corp)

Bankruptcy, etc. The occurrence of any of the following with respect to the Borrower or any of its Material Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its such Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its such Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its such Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its such Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its such Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Fruit of the Loom Inc /De/)

Bankruptcy, etc. The occurrence of any of the following with respect to --------------- the Borrower or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of any of the Borrower or any of its Subsidiaries or for any substantial part of their its property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) 60 consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law bankruptcy, insolvency or other similar law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person or any substantial part of its property or make any general assignment for the benefit of creditors; or (iv) the Borrower or any of its Subsidiaries shall admit in writing its inability to pay its debts generally as they become due or any action shall be taken by any such Person in furtherance of any of the aforesaid purposes.

Appears in 1 contract

Samples: Credit Agreement (Chattem Inc)

Bankruptcy, etc. The occurrence Neither the Junior Agent nor Junior Creditor will commence or join with any other creditor or creditors of any Company in commencing any bankruptcy, reorganization or insolvency proceedings against such Company. At any general meeting of creditors of such Company or in the event of any proceeding, voluntary or involuntary, for the distribution, division or application of all or part of the following with respect to assets of such Company or the Borrower proceeds thereof, whether such proceeding be for the liquidation, dissolution or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter a decree or order for relief in respect of the Borrower or any of its Subsidiaries in an involuntary case under any applicable Debtor Relief Law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of the Borrower or any of its Subsidiaries or for any substantial part of their property or ordering the winding up or liquidation of its affairs; or (ii) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower or any of its Subsidiaries and such petition remains unstayed and in effect for a period of sixty (60) consecutive days; or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case under any applicable Debtor Relief Law now or hereafter in effect, or consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator or similar official of such Person Company or any substantial part of its property business, a receivership, insolvency or make any general bankruptcy proceeding, an assignment for the benefit of creditors; creditors or a proceeding by or against such Company for relief under any bankruptcy, indebtedness, reorganization, arrangement, composition or extension or otherwise, if all Senior Debt has not been indefeasibly paid in full in cash at the time, (ivi) the Borrower Junior Creditor, or the Junior Agent on its behalf, may demand, but only the Senior Agent may collect until all such Senior Debt shall have been paid in full in cash, any amount from such Company or from any other person, and neither the Junior Agent nor the Junior Creditor may set off or otherwise discharge any part of the Junior Claims; and (ii) the Senior Agent is hereby irrevocably authorized on behalf of the Junior Agent and the Junior Creditor at any such meeting or in any such proceeding to collect any assets of such Company distributed, divided or applied by way of dividend or payment, or any such securities issued, on account of its Subsidiaries admit in writing its inability to pay its debts generally as they become due the Junior Claims and apply the same, or any action shall be taken by any Person in furtherance the proceeds of any realization upon the same that the holders of the aforesaid purposesSenior Debt in their discretion elect to effect, to Senior Debt until all such Senior Debt shall have been indefeasibly paid in full in cash, rendering any surplus then remaining to the Junior Creditor or its representative, as the Junior Creditor shall direct or as otherwise may be required by law or by agreement of all creditors of such Company.

Appears in 1 contract

Samples: Intercreditor Agreement (Talk America)

Bankruptcy, etc. The occurrence of (a) There is entered against Comercial, Vitrocrisa or any of the following with respect to the Borrower Subsidiaries of Comercial or any of its Subsidiaries (i) a court or governmental agency having jurisdiction in the premises shall enter Vitrocrisa a decree or order by a court under the Bankruptcy Code or any other applicable law which shall remain in effect for relief a period of 60 days after entry: (i) adjudging Comercial, Vitrocrisa or such Subsidiary bankrupt, insolvent or in concurso mercantil, (ii) approving as properly filed a petition seeking reorganization, arrangement, adjustment or composition of or in respect of the Borrower Comercial, Vitrocrisa or any of its Subsidiaries in an involuntary case such Subsidiary under any applicable Debtor Relief Law now or hereafter in effectlaw, or appoint (iii) appointing a receiver, "visitador", "conciliador", "sindico", "interventor", liquidator, assignee, custodian, trustee, sequestrator (or other similar official official) of the Borrower Comercial, Vitrocrisa or any such Subsidiary or of its Subsidiaries or for any substantial part of their respective property or other assets, or (iv) ordering the winding up or liquidation of its affairs; or (iib) an involuntary case under any applicable Debtor Relief Law now or hereafter in effect is commenced against the Borrower (i) Comercial, Vitrocrisa or any of its Subsidiaries and such (A) institutes proceedings or takes any form of corporate action to be liquidated or adjudicated bankrupt, insolvent, in suspension of payments or in concurso mercantil, (B) consents to the institution of bankruptcy (concurso mercantil) or insolvency proceedings against it, (C) files a petition remains unstayed and in effect for a period or consent seeking reorganization, suspension of sixty (60) consecutive days; payments, concurso mercantil or (iii) the Borrower or any of its Subsidiaries shall commence a voluntary case relief under any applicable Debtor Relief Law now law or hereafter in effect, or consent consents to the entry filing of an order for relief in an involuntary case under any such law, petition or consent to the appointment or taking possession by of a receiver, "visitador", "conciliador", "sindico", "interventor", liquidator, assignee, custodian, trustee, sequestrator (or other similar official official) of Vitrocrisa, Comercial or such Person Subsidiary or of any substantial part of its property or make any their respective property, (D) makes a general assignment for the benefit of creditors; , or (ivE) the Borrower or any of its Subsidiaries admit admits in writing its inability to pay its debts generally as they become due or otherwise becomes insolvent, or (ii) any trust or corporate action shall be is taken by Comercial, Vitrocrisa or any Person in furtherance of their Subsidiaries for the purpose of effecting any of the aforesaid purposes.foregoing; or

Appears in 1 contract

Samples: Credit Agreement (Vitro Sa De Cv)

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