Common use of Insolvency, Etc Clause in Contracts

Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or

Appears in 4 contracts

Samples: Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp)

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Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit in writing its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or

Appears in 2 contracts

Samples: Credit Agreement (Micron Electronics Inc), Credit Agreement (Micron Electronics Inc)

Insolvency, Etc. Borrower Borrowers or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower Borrowers or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower Borrowers or any Subsidiary, as the case may be; or

Appears in 2 contracts

Samples: Loan Agreement (Northwest Pipe Co), Loan Agreement (Northwest Pipe Co)

Insolvency, Etc. Borrower The Borrower, or any Subsidiary Material Subsidiary, shall (ia) make a general assignment for the benefit of its creditors creditors, or (iib) consent to the appointment of of, or taking of possession by by, a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of the Borrower or any Material Subsidiary, as the case may be, or (iiic) admit its insolvency or inability to pay its debts generally as they become due, or (ivd) fail generally to pay its debts as they become due, or (ve) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of the Borrower or any such Material Subsidiary (other than a voluntary liquidation, by the Borrower, of a Material Subsidiary, as the case may be); or

Appears in 1 contract

Samples: Revolving Credit Agreement (Hollywood Entertainment Corp)

Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or

Appears in 1 contract

Samples: Loan Agreement (Itron Inc /Wa/)

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Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may beits property, or (iii) admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or

Appears in 1 contract

Samples: Loan Agreement (Merix Corp)

Insolvency, Etc. Borrower or any Subsidiary shall (i) make a general assignment for the benefit of its creditors or (ii) consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of Borrower or any Subsidiary, as the case may be, or (iii) admit iii)'admit its insolvency or inability to pay its debts generally as they become due, or (iv) fail generally to pay its debts as they become due, or (v) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of Borrower or any Subsidiary, as the case may be; or

Appears in 1 contract

Samples: Loan Agreement (Itron Inc /Wa/)

Insolvency, Etc. Borrower The Borrower, or any Subsidiary Subsidiary, shall (ia) make a general assignment for the benefit of its creditors creditors, or (iib) consent to the appointment of of, or taking of possession by by, a receiver, liquidator, assignee, trustee, or custodian of all or a substantial part of the property of the Borrower or any Subsidiary, as the case may be, or (iiic) admit its insolvency or inability to pay its debts generally as they become due, or (ivd) fail generally to pay its debts as they become due, or (ve) take any action (or suffer any action to be taken by its directors or shareholders) looking to the dissolution or liquidation of the Borrower or any such Subsidiary (other than a voluntary liquidation, by the Borrower, of a Subsidiary, as the case may be); or

Appears in 1 contract

Samples: Revolving Credit Agreement (Hollywood Entertainment Corp)

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