Common use of Insolvency, Etc Clause in Contracts

Insolvency, Etc. Any Borrower or any Guarantor 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 any Borrower or any 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 or any Guarantor and is being contested by such Borrower in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower or such Guarantor shall take any action (corporate or other) to authorize or further any of the actions described above in this subsection; or

Appears in 5 contracts

Samples: Day Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc)

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Insolvency, Etc. Any Borrower The Company or any Guarantor of the Guarantors 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 any Borrower the Company or any Guarantor, of the Guarantors 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 any such Guarantor and is being contested by the Company or such Borrower 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 the Company or any Borrower or such Guarantor 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 (Learning Care Group, Inc), Credit Agreement (Childtime Learning Centers Inc)

Insolvency, Etc. Any The Borrower or any Guarantor shall be dissolved or liquidated (or any judgment, order or decree therefor shall be entered), or of its Subsidiaries shall generally not pay its debts as they such debts 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 any proceeding shall be instituted by or against any either Borrower or any Guarantor, any proceeding or case of its Subsidiaries seeking to adjudicate it a bankrupt or insolvent 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 debtors, or seeking the entry of an order for relief, 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, property and, if in the case of any such proceeding is instituted against any Borrower or any Guarantor and is being contested it (but not instituted by such Borrower in good faith by appropriate proceedingsit), either such proceeding shall remain undismissed or unstayed for a period of 60 30 days; , or any Borrower or such Guarantor shall take any action (corporate or other) to authorize or further any of the actions described sought in such proceeding (including, without limitation, the entry of an order for relief against, or the appointment of a receiver, trustee, custodian or other similar official for, it or for any substantial part of its property) shall occur; or either Borrower or any of its Subsidiaries shall take any corporate action to authorize any of the actions set forth above in this subsectionSection 6.1(e); or

Appears in 1 contract

Samples: Credit Agreement (Hyundai Electronics Industries Co LTD/Fa)

Insolvency, Etc. Any Borrower or any Guarantor Guarantor: 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 any Borrower or any 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 or any Guarantor and is being contested by such Borrower or such Guarantor, in good faith by appropriate proceedings, such proceeding shall remain undismissed or unstayed for a period of 60 days; or any Borrower or such Guarantor 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: Revolving Credit and Loan Agreement (Medar Inc)

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Insolvency, Etc. Any Borrower The Company or any the Guarantor 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 any Borrower the Company or any the 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 or any the Guarantor and is being contested by such Borrower the Company or the 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 the Guarantor 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 (Vsi Holdings Inc)

Insolvency, Etc. Any The Borrower or any Guarantor of 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 any the Borrower or any Guarantorof 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 the Borrower or any Guarantor such Subsidiary and is being contested by the Borrower or such Borrower 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 the Borrower or such Guarantor 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 (National Auto Credit Inc /De)

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