Common use of Insolvency, Etc Clause in Contracts

Insolvency, Etc. The Company or any of the Partners shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners 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 the Company or a Partner and is being contested by the Company or the Partner in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company or a Partner shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or

Appears in 2 contracts

Samples: Guaranty Agreement (Amcast Industrial Corp), Guaranty Agreement (Amcast Industrial Corp)

AutoNDA by SimpleDocs

Insolvency, Etc. The Company or any of the Partners its Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners 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 the Company or a Partner such Subsidiary and is being contested by the Company or such Subsidiary, as the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company or a Partner such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or.

Appears in 2 contracts

Samples: Credit Agreement (Monarch Machine Tool Co), Credit Agreement (Monarch Machine Tool Co)

Insolvency, Etc. The Company Any Borrower or any of the Partners Subsidiary shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 Borrowers or any of the Partners Subsidiary 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 the Company such Borrower or a Partner such Subsidiary and is being contested by such Borrower or such Subsidiary, as the Company or the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company any Borrower or a Partner any Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or

Appears in 1 contract

Samples: Credit Agreement (Asset Acceptance Capital Corp)

Insolvency, Etc. The Company or any of the Partners its Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners its 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 the Company or a Partner such Subsidiary and is being contested by the Company or such Subsidiary, as the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company or a Partner such Subsidiary shall take any action (corporate or other) to authorize authorize, consent to or further any of the actions described above in this subsection; or;

Appears in 1 contract

Samples: Credit Agreement (Cambrex Corp)

Insolvency, Etc. The Company or any of the Partners its Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners 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 the Company or a Partner such Subsidiary and is being contested by the Company or such Subsidiary, as the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; : or the Company or a Partner such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or;

Appears in 1 contract

Samples: Loan Agreement (Airnet Systems Inc)

Insolvency, Etc. The Company or any of the Partners its Restricted Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners its Restricted 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 the Company or a Partner such Restricted Subsidiary and is being contested by the Company or such Restricted Subsidiary, as the Partner 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 the Company or a Partner shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; orsuch Restricted Subsidiary

Appears in 1 contract

Samples: Credit Agreement (Oxford Automotive Inc)

Insolvency, Etc. The Company or any of the Partners its Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be enteredentered (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 the Company or any of the Partners 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 the Company or a Partner such Subsidiary and is being contested by the Company or such Subsidiary, as the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company or a Partner such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or;

Appears in 1 contract

Samples: Credit Agreement (Key Plastics Inc)

AutoNDA by SimpleDocs

Insolvency, Etc. The Company or any of the Partners Restricted Subsidiary shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners Restricted Subsidiary, 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 the Company or a Partner such Restricted Subsidiary and is being contested by the Company or such Restricted Subsidiary, as the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company or a Partner such Restricted Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or

Appears in 1 contract

Samples: Credit Agreement (National Wine & Spirits Inc)

Insolvency, Etc. The Company A Borrower or any of the Partners its Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 a Borrower or any of the Partners 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 the Company such Borrower or a Partner such Subsidiary and is being contested by such Borrower or such Subsidiary, as the Company or the Partner case may be, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or the Company or a Partner such Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or;

Appears in 1 contract

Samples: Guaranty Agreement (Iae Inc)

Insolvency, Etc. The Company or any of the Partners its Restricted Subsidiaries shall be dissolved or liquidated (or any judgment, order or decree therefor shall be 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 or any of the Partners its Restricted 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 the Company or a Partner such Restricted Subsidiary and is being contested by the Company or such Restricted Subsidiary, as the Partner 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 the Company or a Partner such Restricted Subsidiary shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or

Appears in 1 contract

Samples: Credit Agreement (Oxford Automotive Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.