Common use of Insolvency, Etc Clause in Contracts

Insolvency, Etc. Any Borrower or any of their Significant Subsidiaries shall be dissolved or liquidated or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower or any of their respective Significant Subsidiaries, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower or such Subsidiary and is being contested by such Borrower or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower or such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;

Insolvency, Etc. Any Borrower Borrower, any Guarantor or any of their Significant respective Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (entered) other than dissolutions any voluntary dissolution of a Subsidiary by the Company pursuant to which all of the assets of such Subsidiary are transferred to the Company or liquidations of Subsidiaries permitted by Section 5.1(a))a Guarantor, or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower Borrower, any Guarantor or any of their respective Significant Subsidiaries, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any such Borrower or such Subsidiary and is being contested by such Borrower or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any such Borrower or such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or

Insolvency, Etc. Any Borrower The Company or any of their Significant its Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower the Company or any of their respective Significant its Subsidiaries, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company or such Subsidiary and is being contested by such Borrower the Company or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower the Company or such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or any of the Insurance Subsidiaries shall become subject to (A) any delinquency, receivership, conservation, supervisory, seizure, rehabilitation or liquidation proceedings or order, directive or mandate issued by any governmental authority or (B) any other order, directive or mandate issued by any governmental authority, which in either case shall remain undismissed or unstayed for a period of 10 days; or (i)

Insolvency, Etc. Any Borrower The Company or any of their its Significant Subsidiaries shall be dissolved or liquidated or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)5.1), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower or any of their respective Significant Subsidiaries, any proceeding or case seeking to adjudicate it a as bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower or such Subsidiary and is being contested by such Borrower or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower or such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;

Insolvency, Etc. Any Borrower or any of their respective Significant Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower or any of their respective Significant Subsidiaries, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any such Borrower or such Significant Subsidiary and is being contested by such Borrower or such Significant Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any such Borrower or such Significant Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or

Insolvency, Etc. Any Borrower The Company, any of its Significant Subsidiaries or any of their Significant Subsidiaries Guarantor shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against the Company, any Borrower of its Significant Subsidiaries or any of their respective Significant Subsidiaries, Guarantor any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company, such Significant Subsidiary or such Subsidiary Guarantor and is being contested by the Company, such Borrower Significant Subsidiaries or such SubsidiaryGuarantor, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower the Company, such Significant Subsidiary or such Subsidiary Guarantor shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or

Insolvency, Etc. Any Borrower or any of their Significant Subsidiaries shall be dissolved or liquidated or any judgment, order or decree therefor shall be entered A Covered Person (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a))i) fails to pay, or shall generally not pay admits in writing its inability to pay, its debts generally as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general otherwise is not Solvent; (ii) makes an assignment for the benefit of creditors; (iii) files a petition in bankruptcy, is adjudicated insolvent or shall institutebankrupt, petitions or there shall be instituted against applies to any Borrower tribunal for any receiver or any trustee of their respective Significant Subsidiaries, any proceeding such Covered Person or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assetsproperty; (iv) commences any proceeding relating to such Covered Person under any reorganization, rightsarrangement, revenues readjustment of debt, dissolution or propertyliquidation Law of any jurisdiction, and, if whether now or hereafter in effect; (v) has commenced against it any such proceeding is instituted against any Borrower or such Subsidiary and is being contested by such Borrower or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain which remains undismissed or unstayed 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 but, except with regards to Approvals issued on or prior to such commencement date referred to in this clause (vi), 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 Agent's prior written approval and the prior written approval of any court of proper jurisdiction deemed necessary by Administrative Agent; or any Borrower or such Subsidiary shall take (vii) takes any action (corporate or other) to authorize or further any of the actions described above in this subsection;foregoing; or (vii) takes any action to authorize any of the foregoing.

Insolvency, Etc. Any Borrower The Company, any Guarantor or any of their Significant respective Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not be able to pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against the Company, any Borrower Guarantor or any of their respective Significant Subsidiaries, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company, such Guarantor or such Subsidiary and is being contested by the Company, such Borrower Guarantor or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower the Company, such Guarantor or such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or

Insolvency, Etc. Any Borrower The Company or any of their Significant its Restricted Subsidiaries or Mexican Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower the Company or any of their respective Significant Subsidiaries, its Restricted Subsidiaries or Mexican Subsidiaries any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company or such Restricted Subsidiary or Mexican Subsidiary and is being contested by such Borrower the Company or such Restricted Subsidiary or Mexican Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower the Company or such Restricted Subsidiary or Mexican Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or

Insolvency, Etc. Any Borrower The Company or any of their Significant its Restricted Subsidiaries or Mexican Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower the Company or any of their respective Significant Subsidiaries, its Restricted Subsidiaries or Mexican Subsidiaries any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company or such Restricted Subsidiary or Mexican Subsidiary and is being contested by such Borrower the Company or such Restricted Subsidiary or Mexican Subsidiary, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 daysdays or an order for relief is entered; or any Borrower the Company or such Restricted Subsidiary or Mexican Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;; or

Insolvency, Etc. Any Borrower The Company, Significant Subsidiaries or any of their Significant Subsidiaries Guarantor shall be dissolved or liquidated or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower the Company, Significant Subsidiaries or any of their respective Significant SubsidiariesGuarantor, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company or such Subsidiary Significant Subsidiaries or such Guarantor and is being contested by such Borrower the Company or such SubsidiarySignificant Subsidiaries or such Guarantor, as the case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower the Company or such Subsidiary Significant Subsidiaries or such Guarantor shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;

Insolvency, Etc. Any Borrower The Company or any of their Significant its Subsidiaries shall be dissolved or liquidated, except when a Subsidiary of the Company is dissolved or liquidated by being merged with, or upon dissolution its assets are distributed in proportion with the Company's ownership interests to, the Company or another Subsidiary of the Company (or any judgment, order or decree therefor shall be entered (other than dissolutions or liquidations of Subsidiaries permitted by Section 5.1(a)entered), or shall generally not pay its debts as they become due, or shall admit in writing its inability to pay its debts generally, or shall make a general assignment for the benefit of creditors, or shall institute, or there shall be instituted against any Borrower the Company or any of their respective Significant its Subsidiaries, any proceeding or case seeking to adjudicate it a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors or seeking the entry of an order for relief, or the appointment of a receiver, trustee, custodian or other similar official for it or for any substantial part of its assets, rights, revenues or property, and, if such proceeding is instituted against any Borrower the Company or such Subsidiary and is being contested by such Borrower the Company or such Subsidiary, as the case may be, in good faith by appropriate proceedings, such contested proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower . The Company or such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection;.