Common use of Bankruptcy, Insolvency, etc Clause in Contracts

Bankruptcy, Insolvency, etc. The Company or any Significant Subsidiary becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails to pay, or admits in writing its inability or refusal to pay, debts as they become due; or the Company or any Significant Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiary, and, if such case or proceeding is not commenced by the Company or such Significant Subsidiary it is consented to or acquiesced in by the Company or such Significant Subsidiary or remains for 60 days undismissed; or the Company or any Significant Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Material Subsidiary becomes shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary Material Subsidiaries or a material any substantial portion of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Material Subsidiary or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; provided that the Borrower and each Material Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Material Subsidiary, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Material Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Material Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; provided that the Borrower and each Material Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Company Loan Documents; or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Restricted Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Restricted Subsidiaries or a material any substantial portion of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Restricted Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower and each Restricted Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Restricted Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Restricted Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower and each Restricted Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Guarantor, the Borrower or any Significant Subsidiary becomes of their Restricted Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Guarantor, the Borrower or such Significant Subsidiary any of their Restricted Subsidiaries or a material any substantial portion of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Guarantor, the Borrower or any Significant Subsidiary of their Restricted Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Guarantor, the Borrower and each Restricted Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Guarantor, the Borrower or any Significant Subsidiaryof their Restricted Subsidiaries, and, if any such case or proceeding is not commenced by the Company Guarantor, the Borrower or such Significant Subsidiary it is Restricted Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Guarantor, the Borrower or such Significant Subsidiary Restricted Subsidiary, as the case may be, or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Guarantor, the Borrower and each Restricted Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company or any Significant Subsidiary becomes insolvent A Covered Person (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissementa) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails to pay, or admits in writing its inability or refusal to pay, its debts generally as they become due; or the Company or any Significant Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian otherwise becomes insolvent (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment however evidenced); (surseance van betalingb) under Dutch law) for the Company or such Significant Subsidiary or a material portion of the property thereof, or makes a general an assignment for the benefit of creditors; or(c) files a petition in bankruptcy with respect to itself as a debtor, in the absence is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any receiver or any trustee of such application, consent Covered Person or acquiescence, a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or its property; (d) commences any of its Significant Subsidiaries which is not released within 60 days of service; or proceeding relating to such Covered Person under any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency lawreadjustment of debt, or any dissolution or liquidation Law of any jurisdiction, whether now or hereafter in effect; (e) has commenced against it any such proceeding which remains undismissed for a period of 60 days, or by any act indicates its consent to, approval of, or acquiescence in any such proceeding or the appointment of any receiver of or any trustee for it or of any substantial part of its property, or allows any such receivership or trusteeship to continue undischarged for a period of 60 days (except the voluntary dissolutioneach, not under any bankruptcy or insolvency law, of a Significant Subsidiaryan “INSOLVENCY EVENT”), is commenced but, except with regards to Approvals issued on or prior to such commencement date referred to in respect this clause (c), no additional Loans shall be made, no additional Letters of Credit shall be issued, and no new Approvals shall be given during such period without all Lenders’ and Administrative Agents’ prior written approval and the Company or prior written approval of any Significant Subsidiary, and, if such case or proceeding is not commenced court of proper jurisdiction deemed necessary by the Company or such Significant Subsidiary it is consented to or acquiesced in by the Company or such Significant Subsidiary or remains for 60 days undismissedAdministrative Agents; or the Company or any Significant Subsidiary (f) takes any corporate action to authorize, or in furtherance of, authorize any of the foregoing.

Bankruptcy, Insolvency, etc. (a) (i) The Company or any Significant Subsidiary Borrower becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails to pay, or admits in writing its inability or refusal to pay, debts as they become due; or (ii) the Company or any Significant Subsidiary Borrower applies for, consents to, or acquiesces in the appointment of of, a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) or similar Person for the Company Borrower or such Significant Subsidiary or a material portion any property of the property any thereof, or makes a general assignment for the benefit of creditors; or, or (iii) in the absence of such application, consent or acquiescence, a trustee, liquidator, examiner, receiver or other custodian or similar Person is appointed for the Company or any Significant Subsidiary Borrower or for a substantial part of the property of any thereof thereof, unless (A) the Borrower institutes appropriate proceedings to contest or discharge such appointment within 30 days and thereafter continuously and diligently prosecutes such proceedings and (B) such appointment is not in fact discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of servicesuch appointment; or (iv) any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant SubsidiaryBorrower, and, if unless (A) such case or proceeding is not commenced by the Company Borrower, (B) such case or such Significant Subsidiary it proceeding is not consented to or acquiesced in by the Company Borrower, (C) the Borrower institutes appropriate proceedings to dismiss such case or proceeding within 30 days and thereafter continuously and diligently prosecutes such Significant Subsidiary proceedings, and (D) such case or remains for proceeding is in fact dismissed within 60 days undismissedafter the commencement thereof; or (E) the Company or any Significant Subsidiary Borrower takes any corporate action to authorize, or in furtherance of, any of the foregoing; or (b) (i) there shall be commenced against any Insurance Subsidiary any case, proceeding or other action (A) under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, supervision, conservatorship, liquidation, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, rehabilitation, conservation, supervision, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, obligations or liabilities, or (B) seeking appointment of a receiver, trustee, custodian, rehabilitator, conservator, supervisor, liquidator or other similar official for it or for all or any substantial part of its assets, in each case which (1) results in the entry of an order for relief or any such adjudication or appointment or (2) remains undismissed, undischarged or unbonded for a period of 60 days; or (ii) there shall be commenced against any of such Subsidiaries any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets which results in the entry of an order for any such relief which shall not have been vacated, discharged, or stayed or bonded pending appeal within 60 days from the entry thereof; or (iii) any of such Subsidiaries shall take any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in clause(b)(i) or (ii) above; or (iv) any Governmental Authority shall issue any order of conservation, supervision or any other order of like effect relating to any of such Subsidiaries.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Restricted Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Restricted Subsidiaries or a material any substantial portion of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Restricted Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Restricted Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Restricted Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Restricted Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Restricted Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company (i) Holdings, the Borrower, any of their respective Subsidiaries or any Significant Subsidiary becomes insolvent other Obligor shall (which term shall include A) commence any form case, proceeding or other action under any existing or future law of creditor protection and moratoriumany jurisdiction, including bankruptcy domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to it, or seeking to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (faillissementB) and suspension of payments (surseance van betaling) under Dutch law and apply for, consent to or acquiesce in the serving appointment of a notice pursuant receiver, trustee, custodian, conservator or other similar official for it or for all or any substantial part of its assets, or (C) make a general assignment for the benefit of its creditors; or (ii) there shall be commenced against Holdings, the Borrower, any of their respective Subsidiaries or any other Obligor any case, proceeding or other action of a nature referred to section 36 in clause (i) (A) above or Holdings, the Borrower, any of their respective Subsidiaries or any other Obligor shall permit or suffer to exist the Dutch Tax Collection Act appointment of a receiver, trustee, custodian, conservator or other official described in clause (Invorderingswet)i)(B) above that, in either case, (A) results in the entry of an order for relief or any such adjudication or appointment or (B) remains undismissed or undischarged for a period of 60 days or (C) is consented to or acquiesced in by Holdings, the Borrower, such Subsidiary or such other Obligor; or (iii) there shall be commenced against Holdings, the Borrower or any of their respective Subsidiaries or any other Obligor any case, proceeding or other action seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of its assets that results in the entry of an order for any such relief that shall not have been vacated, discharged, stayed or bonded pending appeal within 60 days from the entry thereof; or (iv) Holdings, the Borrower, any of their respective Subsidiaries or any other Obligor shall become insolvent or generally fails fail to pay, or admits shall admit in writing its inability or refusal unwillingness generally to pay, its debts as they become due; or (v) Holdings, the Company Borrower, any of their respective Subsidiaries or any Significant Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion of the property thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company or Obligor shall take any Significant Subsidiary or for a substantial part of the property of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiary, and, if such case or proceeding is not commenced by the Company or such Significant Subsidiary it is consented to or acquiesced in by the Company or such Significant Subsidiary or remains for 60 days undismissed; or the Company or any Significant Subsidiary takes any corporate action to authorize, authorizing or in furtherance of, any of the foregoingacts described in clause (i), (ii), (iii) or (iv) above.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of , provided that the property of the Company or any Borrower, for itself and each of its Significant Subsidiaries which is not released within 60 days Subsidiaries, hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or suffer to exist the commencement of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, for itself and each of its Subsidiaries, hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Subsidiaries or any other Obligor or any of its Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any other Obligor or any of the property its Subsidiaries or any Property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or any other Obligor or any of its Subsidiaries, or for a substantial part of the property Property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Subsidiary and each other Obligor hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries or any other Obligor or any of its Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is or such other Obligor or a Subsidiary of such Obligor, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains such other Obligor or its Subsidiary or shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Subsidiary and each other Obligor and its Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Any Company or any Significant Subsidiary becomes shall (i) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness generally to pay, its debts as they become due; or the Company or any Significant Subsidiary applies (ii) apply for, consents consent to, or acquiesces acquiesce in the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion any substantial part of the assets or other property thereofof any such Person, or makes make a general assignment for the benefit of creditors; or, in (iii)in the absence of such application, consent or acquiescenceacquiesce to or permit or suffer to exist, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 forty-five (45) days; provided, that each Company hereby expressly authorizes each Secured Party to appear in any court conducting any relevant proceeding during such 45-day period to preserve, protect and defend their rights under the Credit Documents; (iv) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, law or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiarythereof, and, if any such case or proceeding is not commenced by the Company such Person, such case or such Significant Subsidiary it is proceeding shall be consented to or acquiesced in by such Person, or shall result in the Company entry of an order for relief or such Significant Subsidiary or remains shall remain for 60 forty-five (45) days undismissed; provided, that each Credit Party hereby expressly authorizes each Secured Party to appear in any court conducting any such case or proceeding during such 45-day period to preserve, protect and defend their rights under the Company Credit Documents; or (v) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower, any Restricted Subsidiary or any Significant Subsidiary becomes Obligor shall (a) be liquidated or become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Borrower, any Restricted Subsidiary or a material portion any Obligor or any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower, any Restricted Subsidiary or any Significant Subsidiary Obligor or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Restricted Subsidiary and each Obligor hereby expressly authorizes the Administrative Agent, the Collateral Agent, the Issuer and each Bank to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, liquidation, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower, any Restricted Subsidiary or any Significant SubsidiaryObligor, and, if any such case or proceeding is not commenced by the Company Borrower, such Restricted Subsidiary or such Significant Subsidiary it is Obligor, such case or proceeding or winding up shall be consented to or acquiesced in by the Company Borrower, such Restricted Subsidiary or such Significant Subsidiary Obligor, or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; , or the Company or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate or partnership action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company or any Significant Subsidiary becomes Pledgor shall (i) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (ii) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Pledgor or such Significant Subsidiary or a material portion any property of the property thereofPledgor, or makes make a general assignment for the benefit of creditors; or, (iii) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary Pledgor or for a substantial part of the property Pledgor's property, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 30 days, provided that the Pledgor hereby expressly authorizes the Administrator and each Lender to appear in any court conducting any relevant proceeding during such 30-day period to preserve, protect and defend their rights under this Agreement and any other documents evidencing any of the Secured Obligations; (iv) commence, or permit or suffer to exist the commencement, of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding proceeding, including, without limitation, under the federal bankruptcy code (except 11 U.S.C. ss.101 et seq.) (the voluntary dissolution, not under any bankruptcy "Bankruptcy Code") or insolvency law, of a Significant Subsidiarythe Securities Investor Protection Act ("SIPA"), is commenced as either of them may be amended from time to time, in respect of the Company or any Significant Subsidiary, Pledgor and, if any such case or proceeding is not commenced by the Company Pledgor such case or such Significant Subsidiary it is proceeding shall be consented to or acquiesced in by the Company Pledgor or such Significant Subsidiary shall result in the entry of an order for relief or remains shall remain for 60 30 days undismissed, provided that the Pledgor hereby expressly authorizes the Administrator and each Lender to appear in any court conducting any such case or proceeding during such 30-day period to preserve, protect and defend their rights under this Agreement and any other documents evidencing any of the Secured Obligations; or the Company or any Significant Subsidiary takes (v) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.. (f)

Bankruptcy, Insolvency, etc. The Company Any of Borrower, its members or any Significant Subsidiary becomes Guarantor shall: (i) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (ii) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary itself or a material portion substantial part of the property thereofits property, or makes make a general assignment for the benefit of creditors; or, (iii) in the absence of such application, consent or acquiescenceacquiesce, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary itself or for a substantial part of the property of any thereof its property, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that Lender is hereby expressly authorized to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend its rights under the Loan Documents; (iv) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company any of Borrower or any Significant SubsidiaryGuarantor, and, if any such case or proceeding is not commenced by the Company Borrower or Guarantor, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by Borrower or Guarantor, or shall result in the Company entry of an order for relief or such Significant Subsidiary or remains shall remain for 60 days undismissed, provided that Lender is hereby expressly authorized to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend its rights under the Loan Documents; or the Company (v) take any corporate, partnership, trust or any Significant Subsidiary takes any corporate other similar action to authorize, authorizing or in furtherance of, of any of the foregoing.;

Bankruptcy, Insolvency, etc. The Company or any Significant Subsidiary becomes Borrower shall: (i) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (ii) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary itself or a material portion substantial part of the property thereofits property, or makes make a general assignment for the benefit of creditors; or, (iii) in the absence of such application, consent or acquiescenceacquiesce, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary itself or for a substantial part of the property of any thereof its property, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that Administrative Agent is hereby expressly authorized to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend its rights and the rights of Lenders under the Loan Documents; (iv) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiaryof Borrower, and, if any such case or proceeding is not commenced by the Company Borrower, such case or such Significant Subsidiary it is proceeding shall be consented to or acquiesced in by Borrower, or shall result in the Company entry of an order for relief or such Significant Subsidiary or remains shall remain for 60 days undismissed, provided that Administrative Agent is hereby expressly authorized to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend its rights and the rights of the Lenders under the Loan Documents; or the Company (v) take any corporate, partnership, trust or any Significant Subsidiary takes any corporate other similar action to authorize, authorizing or in furtherance of, of any of the foregoing.;

Bankruptcy, Insolvency, etc. The Company Any Loan Party or any Significant Subsidiary becomes of any Loan Party shall: become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness generally to pay, its debts as they become due; or the Company or any Significant Subsidiary applies apply for, consents consent to, or acquiesces acquiesce in the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion any substantial part of the assets or other property thereofof any such Person, or makes make a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescenceacquiesce to or permit or suffer to exist, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; provided, that each Loan Party hereby expressly authorizes each Secured Party to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend such Secured Party’s rights under the Loan Documents; permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding or action under the Bankruptcy Code or any other bankruptcy or insolvency law, law or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiarythereof, and, if any such case or proceeding is not commenced by the Company such Person, such case or such Significant Subsidiary it is proceeding shall be consented to or acquiesced to by such Person or shall result in by the Company entry of an order for relief or shall remain undismissed for sixty (60) days; provided, that each Loan Party hereby expressly authorizes each Secured Party to appear in any court conducting any such Significant Subsidiary case or remains for 60 days undismissedproceeding during such 60-day period to preserve, protect and defend such Secured Party’s rights under the Loan Documents; or the Company or 110 take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Material Subsidiary becomes shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary Material Subsidiaries or a material any substantial portion of the property thereofof any thereof (other than any Project Assets), or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Material Subsidiary or for a substantial part of the property of any thereof (other than any Project Assets), and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; provided that the Borrower and each Material Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Material Subsidiary, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Material Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Material Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; provided that the Borrower and each Material Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Company Loan Documents; or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes insolvent other Obligor shall (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissementa) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant generally fail to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails to paypay debts as they become due, or admits admit in writing its inability or refusal to pay, pay debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examinersequestrator, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any other Obligor or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the involuntary appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary other Obligor or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 thirty (30) days; (d) permit or any warrant of attachment suffer to exist the involuntary commencement of, or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or voluntarily commence, any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency lawlaws, or permit or suffer to exist the involuntary commencement of, or voluntarily commence, any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiaryas expressly permitted pursuant to Section 7.2.7(b), is commenced in respect of each case, by or against the Company Borrower or any Significant Subsidiaryother Obligor, and, provided that if such case or proceeding is not commenced by the Company Borrower or any such Significant Subsidiary it is other Obligor such proceeding shall be consented to or acquiesced in by the Company Borrower or any such Significant Subsidiary other Obligor, or remains shall result in the entry of an order for 60 relief or shall remain for thirty (30) days undismissed; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.. SECTION 8.1.10

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes --------------------------- of its Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of , provided that the property of the Company or any Borrower, for itself and each of its Significant Subsidiaries which is not released within 60 days Subsidiaries, hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or suffer to exist the commencement of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, for itself and each of its Subsidiaries, hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act MarkWest Inc. Operating Subsidiaries shall (Invorderingswet)a) become insolvent or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary or a material portion any of the MarkWest Inc. Operating Subsidiaries or any property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of the MarkWest Inc. Operating Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided, that the Borrower, each MarkWest Inc. Operating Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof the MarkWest Inc. Operating Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided, that the Borrower and each MarkWest Inc. Operating Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate or partnership action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company If at any time after the --------------------------- date of this Lease (whether prior to the commencement of or during the Term) (a) any proceedings in bankruptcy, insolvency or reorganization shall be instituted against Tenant pursuant to any Federal or State law now or hereafter enacted, or any Significant Subsidiary becomes insolvent (which term receiver or trustee shall include be appointed of all or any form portion of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) Tenant's business or generally fails to payproperty, or admits in writing its inability any execution or refusal to payattachment shall issue against Tenant or any of Tenant's business or property or against the leasehold estate created hereby, debts as they become dueand any of such proceedings, process or appointment be not discharged and dismissed within thirty (30) days from the date of such filing, appointment or issuance; or the Company (b) Tenant shall be adjudged a bankrupt or any Significant Subsidiary applies for, consents toinsolvent, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion of the property thereof, or makes a general Tenant shall make an assignment for the benefit of creditors, or Tenant shall file a voluntary petition in bankruptcy or petitions for (or enters into) and arrangement or for reorganization, composition or any other arrangement with Tenant's creditors under any Federal or State law now or hereafter enacted, or this Lease or the estate of Tenant herein shall pass to or devolve upon, by operation of law or otherwise, anyone other than Tenant (except as herein provided), the occurrence of any one of such contingencies shall be deemed to constitute and shall be construed as a repudiation by Tenant of Tenant's obligations hereunder and shall cause this Lease ipso facto to be canceled and terminated, without thereby releasing Tenant; orand upon such termination Landlord shall have the immediate right to re-enter the Premises and to remove all persons and property therefrom and this Lease shall not be treated as an asset of Tenant's estate and neither Tenant nor anyone claiming by, through or under Tenant by virtue of any law or any order of any Court shall be entitled to the possession of the Premises or to remain in the absence possession thereof. Upon the termination of this Lease, as aforesaid, Landlord shall have the right to retain as partial damages, and not as a penalty, any prepaid rents deposited by Tenant hereunder, and Landlord shall also be entitled to exercise such applicationrights and remedies to recover from Tenant as damages such amounts as are specified in Article XX hereof. As used in this Article XXI, consent or acquiescencethe term "Tenant" shall be deemed to include Tenant and it successors and assigns and the guarantor(s), a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency lawif any, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiary, and, if such case or proceeding is not commenced by the Company or such Significant Subsidiary it is consented to or acquiesced in by the Company or such Significant Subsidiary or remains for 60 days undismissed; or the Company or any Significant Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoingTenant's obligations under this Lease.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes the Investment Manager shall: (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal to pay, debts Debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary the Investment Manager, as the case may be, or a material portion any property of the property thereofBorrower or the Investment Manager, as the case may be, in any bankruptcy, reorganization, Debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary the Investment Manager, as the case may be, or for a substantial part of the property of any thereof and is not discharged within 60 days; the Borrower or any warrant of attachment or similar legal process is issued against any substantial part of the property of Investment Manager, as the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or case may be, in any bankruptcy, examinershipreorganization, receivershipDebt arrangement or other case or proceeding under any bankruptcy or insolvency law, and such trustee, receiver, sequestrator or other custodian shall not be discharged within sixty (60) days; (d) permit or suffer to exist the commencement of any bankruptcy, reorganization, debt arrangement, Debt arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiarythe Investment Manager, as the case may be, and, if such case or proceeding is not commenced by the Company Borrower or the Investment Manager, as the case may be, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary the Investment Manager, as the case may be, or remains shall result in the entry of an order for 60 relief or shall remain for sixty (60) days undismissed; or the Company or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.. Section 7.1.9

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, PROVIDED, THAT the Borrower, each Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, PROVIDED, THAT the Borrower and each Subsidiary hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate or partnership action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower, any of its Material Subsidiaries or any Significant Subsidiary becomes NBPC shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower, any of its Material Subsidiaries, or such Significant Subsidiary NBPC or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower, any of its Material Subsidiaries or any Significant Subsidiary NBPC or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Material Subsidiary and NBPC hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower, any of its Material Subsidiaries or any Significant Subsidiary, NBPC and, if any such case or proceeding is not commenced by the Company Borrower, such Material Subsidiary or NBPC, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by the Company or Borrower, such Significant Material Subsidiary or remains NBPC, as the case may be, or shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Material Subsidiary and NBPC hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower, either Guarantor --------------------------- or any Significant Subsidiary becomes shall become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal to pay, debts as they become due; or the Company Borrower, either Guarantor or any Significant Subsidiary applies shall apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower, such Guarantor or such Significant Subsidiary or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is shall be appointed for the Company Borrower, either Guarantor or any Significant Subsidiary or for a substantial part of the property of any thereof and is not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is shall be commenced in respect of the Company Borrower, either Guarantor or any Significant Subsidiary, and, if such case or proceeding is not commenced by the Company Borrower, such Guarantor or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower, such Guarantor or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; or the Company Borrower, either Guarantor or any Significant Subsidiary takes shall take any corporate action to authorize, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its --------------------------- Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of , provided that the property of the Company or any Borrower, for itself and each of its Significant Subsidiaries which is not released within 60 days Subsidiaries, hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or suffer to exist the commencement of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, for itself and each of its Subsidiaries, hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any of its Significant Subsidiary becomes Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such any of its Significant Subsidiary Subsidiaries or a material any substantial portion of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any of its Significant Subsidiary Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Significant Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any of its Significant SubsidiarySubsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Significant Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Restricted Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Restricted Subsidiaries or a material any substantial portion of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Restricted Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Restricted Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan 37 Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Restricted Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Restricted Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Restricted Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower, any of its Subsidiaries, the Parent or any Significant Subsidiary becomes other Obligor shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies , (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension for Borrower, any of payment (surseance van betaling) under Dutch law) for its Subsidiaries, the Company Parent or such Significant Subsidiary any other Obligor, the Subject Interests or a material portion any other property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for Borrower, any of its Subsidiaries, the Company Parent or any Significant Subsidiary other Obligor or for a substantial part of the Subject Interests or other property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any , provided that Borrower, each of its Significant Subsidiaries which is not released within 60 days Subsidiaries, the Parent and each other Obligor hereby expressly authorizes Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend its rights under the Loan Documents; (d) permit or suffer to exist the commencement of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of Borrower, any of its Subsidiaries, the Company Parent or any Significant Subsidiaryother Obligor, and, if any such case or proceeding is not commenced by Borrower, any of its Subsidiaries, the Company Parent or any other Obligor, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by Borrower, such Subsidiary, the Company Parent or such Significant Subsidiary Obligor or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; , provided that Borrower, each of its Subsidiaries, the Parent or each other Obligor hereby expressly authorizes Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend its rights under the Company Loan Documents, or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies , (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension for Borrower or any of payment (surseance van betaling) under Dutch law) for its Subsidiaries, the Company Subject Interests or such Significant Subsidiary or a material portion any other property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the Subject Interests or other property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any , provided that Borrower and each of its Significant Subsidiaries which is not released within 60 days hereby expressly authorizes Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend its rights under the Loan Documents; (d) permit or suffer to exist the commencement of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; , provided that Borrower and each of its Subsidiaries hereby expressly authorizes Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend its rights under the Company Loan Documents, or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary ILFC becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails to pay, or admits in writing its inability or refusal to pay, debts as they become due; or the Company Borrower or any Significant Subsidiary ILFC applies for, consents to, or acquiesces in the appointment of of, a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary ILFC or a material portion any property of the property either thereof, or makes a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company Borrower or any Significant Subsidiary ILFC or for a substantial part of the property of any either thereof unless (i) the Borrower or ILFC institutes appropriate proceedings to contest or discharge such appointment within 10 days and thereafter continuously and diligently prosecutes such proceedings, (ii) such appointment is not in fact discharged within 60 days; days and (iii) such proceedings do not involve any danger of forfeiture or loss of any item of Collateral or any warrant interest therein, including the Lender's security interest, or of attachment or similar legal process is issued against any substantial part of the property rights of the Company or Lender in any of its Significant Subsidiaries which is not released within 60 days of servicethe Loan Documents; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant SubsidiaryILFC, and, if unless (v) such case or proceeding is not commenced by the Company Borrower or ILFC, (w) such Significant Subsidiary it case or proceeding is not consented to or acquiesced in by the Company Borrower or ILFC, (x) the Borrower or ILFC institutes appropriate proceedings to dismiss such Significant Subsidiary case or remains for proceedings within 10 days and thereafter continuously and diligently prosecutes such proceeding, (y) such case or proceeding is in fact dismissed within 60 days undismissedafter the commencement thereof and (z) such proceedings do not involve any danger of forfeiture or loss of any item of Collateral or any interest therein, including the Lender's security interest, or of any of the rights of the Lender in any of the Loan Documents; or the Company Borrower or any Significant Subsidiary ILFC takes any corporate action to authorize, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The occurrence of any of the following events: (i) the Company or any Significant Restricted Subsidiary becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails to pay, or admits in writing its inability or refusal to pay, debts as they become due; or (ii) the Company or any Significant Restricted Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Restricted Subsidiary or a material portion of the any property thereof, or makes a general assignment for the benefit of creditors; or, (iii) in the absence of such application, consent or acquiescence, a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company or any Significant Restricted Subsidiary or for a substantial part of the property of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or (iv) any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Restricted Subsidiary), is commenced in respect of the Company or any Significant Restricted Subsidiary, and, and if such case or proceeding is not commenced by the Company or such Significant Subsidiary Restricted Subsidiary, it is consented to or acquiesced in by the Company or such Significant Restricted Subsidiary or remains for 60 days undismissed; or (v) the Company or any Significant Restricted Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoing; provided that the provisions of this Section 13.1(d) shall not apply to any Special Restricted Subsidiary to which the foregoing provisions of Section 13.1(d) would otherwise apply, which together with all other Special Restricted Subsidiaries with respect to which an event described in the foregoing provisions of Section 13.1(d) shall have occurred, has assets which do not exceed one percent (1%) of the total assets of the Company and its Restricted Subsidiaries.

Bankruptcy, Insolvency, etc. The Company If at any time after the date ---------- ---------- --- of this Lease (whether prior to the commencement of or during the Term) (a) any proceedings in bankruptcy, insolvency or reorganization shall be instituted against Tenant pursuant to any Federal or State law now or hereafter enacted, or any Significant Subsidiary becomes insolvent (which term receiver or trustee shall include be appointed of all or any form portion of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) Tenant's business or generally fails to payproperty, or admits in writing its inability any execution or refusal to payattachment shall issue against Tenant or any of Tenant's business or property or against the leasehold estate created hereby, debts as they become dueand any of such proceedings, process or appointment be not discharge and dismissed within thirty (30) days from the date of such filing, appointment or issuance; or the Company (b) Tenant shall be adjudge a bankrupt or any Significant Subsidiary applies for, consents toinsolvent, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion of the property thereof, or makes a general Tenant shall make an assignment for the benefit of creditors, or Tenant shall file a voluntary petition in bankruptcy or petitions for (or enters into) an arrangement or for reorganization, composition or any other arrangement with Tenant's creditors under any Federal or State law now or hereafter enacted, or this Lease or the estate of Tenant herein shall pass to or devolve upon, by operation of law or otherwise, anyone other than Tenant (except as herein provided), the occurrence of any one of such contingencies shall be deemed to constitute and shall be construed as a repudiation by Tenant of Tenant's obligations hereunder and shall cause this Lease ipso facto to be cancelled and ---- ----- terminated, without thereby releasing Tenant; orand upon such termination Landlord shall have the immediate right to re-enter the Premises and to remove all persons and property therefrom and this Lease shall not be treated as an asset of Tenant's estate and neither Tenant nor anyone claiming by, through or under Tenant by virtue of any law or any order of any Court shall be entitled to the possession of the Premises or to remain in the absence possession thereof. Upon the termination of this Lease, as aforesaid, Landlord shall have the right to retain as partial damages, and not as a penalty, any prepaid rents deposited by Tenant hereunder, and Landlord shall also be entitled to exercise such applicationrights and remedies to recover from Tenant as damages such amounts as are specified in Article XX hereof. As used in this Article XXI, consent or acquiescencethe term "Tenant" shall be deemed to include Tenant and its successors and assigns and the guarantor(s), a trustee, liquidator, examiner, receiver or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding (except the voluntary dissolution, not under any bankruptcy or insolvency lawif any, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiary, and, if such case or proceeding is not commenced by the Company or such Significant Subsidiary it is consented to or acquiesced in by the Company or such Significant Subsidiary or remains for 60 days undismissed; or the Company or any Significant Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoingTenant's obligations under this Lease.

Bankruptcy, Insolvency, etc. The Company or any Significant Subsidiary becomes Any Obligor shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension for any Borrower or any of payment (surseance van betaling) under Dutch law) for the Company its Subsidiaries or such Significant Subsidiary any other Obligor or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company any Borrower or any Significant Subsidiary of its Subsidiaries or any other Obligor or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days, provided that each Borrower, each Subsidiary and each other Obligor hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company any Borrower or any Significant Subsidiaryof its Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company such Borrower or such Significant Subsidiary it is or such other Obligor, such case or proceeding shall be consented to or acquiesced in by the Company such Borrower or such Significant Subsidiary or remains such other Obligor or shall result in the entry of an order for 60 relief or shall remain for sixty (60) days undismissed, provided that each Borrower, each Subsidiary and each other Obligor hereby expressly authorizes the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Any Obligor shall (a) be liquidated or any Significant Subsidiary becomes become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company such Obligor or such Significant Subsidiary or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company any Obligor or any Significant Subsidiary or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that each Obligor and Subsidiary hereby expressly authorizes each Agent and Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company any Obligor or any Significant Subsidiary, and, if any such case or proceeding is not commenced by the Company such Obligor or Subsidiary, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by the Company such Obligor or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that each Obligor and each Subsidiary hereby expressly authorizes each Agent and Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or (e) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Parent, Borrower or any Significant Subsidiary becomes of their respective Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Parent, Borrower or such Significant Subsidiary any of their respective Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Parent, Borrower or any Significant Subsidiary of their respective Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part , PROVIDED, THAT the Parent, Borrower, and each Subsidiary hereby expressly authorizes each of the property Canadian Administrative Agent and the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or suffer to exist the commencement of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency lawlaw including the Bankruptcy and Insolvency Act (Canada) and the Companies' Creditors Arrangement Act (Canada), as each are from time to time amended, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Parent, Borrower or any Significant Subsidiaryof their respective Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company Parent, Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Parent, Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, PROVIDED, THAT the Parent, Borrower, and each Subsidiary hereby expressly authorizes the Canadian Administrative Agent and the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate or partnership action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its Subsidiaries shall: become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness generally to pay, debts as they become due; or the Company or any Significant Subsidiary applies apply for, consents consent to, or acquiesces acquiesce in the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion any substantial part of the property of any thereof, or makes make a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; provided, that the Borrower, each Subsidiary and each other Obligor hereby expressly authorizes the Lender to appear in any court conducting any relevant proceeding during such sixty (60) day period to preserve, protect and defend its rights under the Loan Documents; permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, law or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant Subsidiarythereof, and, if any such case or proceeding is not commenced by the Company Borrower, any Subsidiary or any Obligor, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by the Company Borrower, such Subsidiary or such Significant Subsidiary Obligor, as the case may be, or remains shall result in the entry of an order for 60 relief or shall remain for sixty (60) days undismissed; provided, that the Borrower, each Subsidiary and each Obligor hereby expressly authorizes the Lender to appear in any court conducting any such case or proceeding during such sixty (60) day period to preserve, protect and defend its rights under the Company Loan Documents; or take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company or any Significant Subsidiary becomes Borrower shall (i) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, pay or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (ii) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (iii) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company or any Significant Subsidiary Borrower or for a substantial part of the property thereof, and such trustee, receiver, sequestrator or other custodian shall not be discharged within 20 days, provided that the Borrower hereby expressly authorizes Conoco to appear in any court conducting any relevant proceeding during such 20-day period to preserve, protect and defend its rights under the Loan Documents; (iv) permit or suffer to exist the commencement of any thereof and is not discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company or any Significant SubsidiaryBorrower, and, if any such case or proceeding is not commenced by the Company Borrower, such case or such Significant Subsidiary it is proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary shall result in the entry of an order for relief or remains shall remain for 60 20 days undismissed, provided that the Borrower hereby expressly authorizes Conoco to appear in any court conducting any such case or proceeding during such 20-day period to preserve, protect and defend its rights under the Loan Documents; or the Company or (v) take any Significant Subsidiary takes any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Parent or any Significant Subsidiary becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act MarkWest Inc. Operating Subsidiaries shall (Invorderingswet)a) become insolvent or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Parent or such Significant Subsidiary or a material portion any of the MarkWest Inc. Operating Subsidiaries or any property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Parent or any Significant Subsidiary of the MarkWest Inc. Operating Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part , provided, that the Parent and each MarkWest Inc. Operating Subsidiaries hereby expressly authorizes each of the property Canadian Administrative Agent and the Administrative Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or suffer to exist the commencement of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency lawlaw including the Bankruptcy and Insolvency Act (Canada) and the Companies' Creditors Arrangement Act (Canada), as each are from time to time amended, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Parent or any Significant Subsidiaryof the MarkWest Inc. Operating Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company Parent or any MarkWest Inc. Operating Subsidiary, such Significant Subsidiary it is case or proceeding shall be consented to or acquiesced in by the Company Parent or such Significant any MarkWest Inc. Operating Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided, that the Parent or any of the MarkWest Inc. Subsidiaries hereby expressly authorizes the Canadian Administrative Agent and the Administrative Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate or partnership action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Subsidiary becomes of its --------------------------- Subsidiaries shall (a) become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal unwillingness to pay, debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or such Significant Subsidiary any of its Subsidiaries or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant Subsidiary of its Subsidiaries or for a substantial part of the property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 days, provided that the Borrower, each Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any relevant proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; (d) permit or any warrant suffer to exist the commencement of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, arrangement or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is commenced in respect of the Company Borrower or any Significant Subsidiaryof its Subsidiaries or any other Obligor, and, if any such case or proceeding is not commenced by the Company Borrower or such Significant Subsidiary it is Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed, provided that the Borrower, each Subsidiary hereby expressly authorizes the Agent and each Lender to appear in any court conducting any such case or proceeding during such 60-day period to preserve, protect and defend their rights under the Loan Documents; or the Company or any Significant Subsidiary takes (e) take any corporate or partnership action to authorizeauthorizing, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company Borrower, either Guarantor ---------------------------- or any Significant Subsidiary becomes shall become insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act (Invorderingswet)) or generally fails fail to pay, or admits admit in writing its inability or refusal to pay, debts as they become due; or the Company Borrower, either Guarantor or any Significant Subsidiary applies shall apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower, such Guarantor or such Significant Subsidiary or a material portion any property of the property any thereof, or makes make a general assignment for the benefit of creditors; or, in the absence of such application, consent or acquiescence, a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is shall be appointed for the Company Borrower, either Guarantor or any Significant Subsidiary or for a substantial part of the property of any thereof and is not be discharged within 60 days; or any warrant of attachment or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution dissolution, winding up or liquidation proceeding (except the voluntary dissolutionproceeding, not under any bankruptcy or insolvency law, of a Significant Subsidiary), is shall be commenced in respect of the Company Borrower, either Guarantor or any Significant Subsidiary, and, if such case or proceeding is not commenced by the Company Borrower, such Guarantor or such Significant Subsidiary it is significant Subsidiary, such case or proceeding shall be consented to or acquiesced in by the Company Borrower, such Guarantor or such Significant Subsidiary or remains shall result in the entry of an order for relief or shall remain for 60 days undismissed; or the Company Borrower, either Guarantor or any Significant Subsidiary takes shall take any corporate action to authorize, or in furtherance of, any of the foregoing.

Bankruptcy, Insolvency, etc. The Company If the Tenant shall have applied or any Significant Subsidiary becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and consented to the serving appointment of a notice pursuant to section 36 custodian, receiver, trustee or liquidator, or other court appointed fiduciary of all or a substantial part of its property; or a custodian shall have been appointed with or without the consent of the Dutch Tax Collection Act (Invorderingswet)) Tenant; or Tenant is generally fails to pay, or admits in writing not paying its inability or refusal to pay, debts as they become duedue by means of available assets and the fair use of credit; or the Company or any Significant Subsidiary applies for, consents to, or acquiesces in the appointment of a trustee, liquidator, examiner, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company or such Significant Subsidiary or a material portion of the property thereof, or makes has made a general assignment for the benefit of creditors; oror has filed a voluntary petition in bankruptcy, or a petition or an answer seeking reorganization or an arrangement with creditors or seeking to take advantage of any insolvency law, or an answer admitting the material allegations of a petition in any bankruptcy, reorganization or insolvency proceeding; or has taken corporate action for the absence purpose of effecting any of the foregoing, or if within 60 days after the commencement of any proceeding against the Tenant seeking any reorganization, rehabilitation, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy code or any present or future applicable federal, state or other statute or law, such applicationproceeding shall not have been dismissed; or if, consent or acquiescencewithin 60 days after the appointment of any trustee, a trusteereceiver, custodian, liquidator, examiner, receiver or other custodian is court appointed for the Company or any Significant Subsidiary or for a substantial part fiduciary of the property Tenant (without the consent or acquiescence of any thereof and is not discharged within 60 days; such party), or any warrant of attachment all or similar legal process is issued against any substantial part of the its property of the Company or any of its Significant Subsidiaries which is the leased Premises, such order or appointment shall not released have been vacated or stayed on appeal or otherwise or if, within 60 days after the expiration of serviceany such stay, such order or appointment shall not have been vacated, the occurrence of any one of such contingencies shall be deemed to constitute and shall be construed as a repudiation by Tenant of Tenant's obligations hereunder and shall cause this Lease ipso facto to be cancelled and terminated, without thereby releasing Tenant; and upon such termination Landlord shall have the immediate right to re-enter the Demised Premises and to remove all persons and property therefrom and this Lease shall not be treated as an asset of the Tenant's estate and neither the Tenant nor anyone claiming by, through or under Tenant by virtue of any law or any bankruptcyorder of any Court shall be entitled to the possession of the Demised Premises or to remain in the possession thereof. Upon the termination of this Lease, examinershipas aforesaid, receivershipLandlord shall have the right to retain as partial damages, reorganizationand not as a penalty, debt arrangementany prepaid rents and any security deposited by Tenant hereunder and Landlord shall also be entitled to exercise such rights and remedies to recover from Tenant as damages such amounts as are specified in Article XXI thereof, unless any statute or other rule of law governing the proceedings in which such damages are to be proved shall lawfully limit the amount of such claims capable of being so proved, in which case or proceeding Landlord shall be entitled to recover, as and for liquidated damages, the maximum amount which may be allowed under any bankruptcy such statute or insolvency rule of law. Tenant, or any dissolution or liquidation proceeding (except if the voluntary dissolution, not under any bankruptcy or insolvency law, subject of a Significant Subsidiary)bankruptcy proceeding, is commenced in respect hereby consents to the immediate termination, annulment and vacation of the Company or any Significant Subsidiaryautomatic stay provisions of the Bankruptcy Code to permit Landlord to exercise all rights set forth herein. As used in this Article XXII, andthe term "Tenant" shall be deemed to include Tenant and its successors and assigns and the guarantor of the Tenant's obligations under this Lease, if such case or proceeding is not commenced by the Company or such Significant Subsidiary it is consented to or acquiesced in by the Company or such Significant Subsidiary or remains for 60 days undismissed; or the Company or any Significant Subsidiary takes any corporate action to authorize, or in furtherance of, any of the foregoingany.

Bankruptcy, Insolvency, etc. The Company Borrower or any Significant Material Subsidiary becomes insolvent (which term shall include any form of creditor protection and moratorium, including bankruptcy (faillissement) and suspension of payments (surseance van betaling) under Dutch law and the serving of a notice pursuant to section 36 of the Dutch Tax Collection Act Borrower shall: (Invorderingswet)a) or generally fails fail to paypay its debts as they become due, or admits admit in writing its inability or refusal to pay, pay its debts as they become due; or the Company or any Significant Subsidiary applies (b) apply for, consents consent to, or acquiesces in acquiesce in, the appointment of a trustee, liquidatorreceiver, examinersequestrator, receiver or other custodian (including a “curator” in a bankruptcy under Dutch law and a “bewindvoerder” in a suspension of payment (surseance van betaling) under Dutch law) for the Company Borrower or any such Significant Material Subsidiary or a material portion any substantial part of the property Property of any thereof, or makes make a general assignment for the benefit of creditors; or, (c) in the absence of such application, consent or acquiescence, permit or suffer to exist the involuntary appointment of a trustee, liquidatorreceiver, examiner, receiver sequestrator or other custodian is appointed for the Company Borrower or any Significant such Material Subsidiary or for a substantial part of the property Property of any thereof thereof, and is such trustee, receiver, sequestrator or other custodian shall not be discharged within 60 sixty (60) days; (d) permit or any warrant of attachment suffer to exist the involuntary commencement of, or similar legal process is issued against any substantial part of the property of the Company or any of its Significant Subsidiaries which is not released within 60 days of service; or voluntarily commence, any bankruptcy, examinership, receivership, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency lawlaws, or permit or suffer to exist the involuntary commencement of, or voluntarily commence, any dissolution dissolution, winding up or liquidation proceeding (except for the voluntary dissolution, not under any bankruptcy or insolvency law, of a Significant Subsidiaryany such Person other than the Borrower or CBI), is commenced in respect of each case, by or against the Company Borrower or any Significant such Material Subsidiary, and, provided that if such case or proceeding is not commenced by the Company Borrower or any such Significant Subsidiary it is Material Subsidiary, such proceeding shall be consented to or acquiesced in by the Company Borrower or any such Significant Subsidiary Material Subsidiary, or remains shall result in the entry of an order for 60 days undismissedrelief or shall remain undismissed for more than sixty (60) days; (e) with respect to the Borrower or any of its Material Subsidiaries, permit the commencement of any case, proceeding or other action seeking the issuance of a warrant of attachment, execution, distraint or similar process against all or any material part of its Property (except for any such attachment or similar process that would constitute a Permitted Lien); or the Company or any Significant Subsidiary takes (f) take any corporate action to authorizeauthorizing, or in furtherance of, any of the foregoing.