Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian of any Loan Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Term Loan and Guaranty Agreement (Neogenomics Inc), Credit and Guaranty Agreement
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party the Company or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party the Company or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, administrator, examiner, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party the Company or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trusteereceiver, conservator examiner, administrator, trustee or other custodian of any Loan Party the Company or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party the Company or any of its Subsidiaries, and any such event described in this the foregoing clause (i) or (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party a Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party a Borrower or any of its Subsidiaries Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party a Borrower or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party a Borrower or any of its Subsidiaries Subsidiaries, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party a Borrower or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 3 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Grand Canal Shops Mall Construction LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of any Loan Credit Party or any of its Subsidiaries Guarantor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries Guarantor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan such Credit Party or any of its Subsidiaries, or over all or a substantial part of its property, Guarantor shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan such Credit Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its SubsidiariesGuarantor, and any such event described in this clause (ii) shall continue for sixty thirty (6030) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of Company or any Loan other Credit Party or any of its Subsidiaries other subsidiary that is a “significant subsidiary” (as defined in Regulation S-X) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, liquidation or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against Company or any Loan other Credit Party or any of its Subsidiaries other “significant subsidiary” (as defined in Regulation S-X) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, reorganization, liquidation or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over Company or any Loan other Credit Party or any of its Subsidiariesother “significant subsidiary” (as defined in Regulation S-X), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of Company or any Loan other Credit Party or any of its Subsidiaries other “significant subsidiary” (as defined in Regulation S-X) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Company or any Loan other Credit Party or any of its Subsidiariesother “significant subsidiary” (as defined in Regulation S-X), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Collateral Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted and remain unstayed under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against any Loan Party Borrower or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Borrower or any of its Subsidiaries, Subsidiaries or over all or a substantial part of its propertyany of their respective Assets and Properties, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Borrower or any of its Subsidiaries for all or a substantial part of its propertytheir respective Assets and Properties is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property Assets and Properties of any Loan Party Borrower or any of its Subsidiaries, and the continuance of any such event described events in this clause (iib) shall continue for sixty (60) days without having been unless dismissed, bonded bonded, stayed, vacated or discharged; or
Appears in 2 contracts
Samples: Senior Credit Agreement (Skyline Multimedia Entertainment Inc), Senior Credit Agreement (Prospect Street Nyc Discovery Fund Lp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the ParentBorrower, any Loan Credit Party or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the ParentBorrower, any Loan Credit Party or any of its Subsidiaries Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the ParentBorrower, any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of the ParentBorrower, any Loan Credit Party or any of its Subsidiaries Material Subsidiary for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the ParentBorrower, any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Term Loan Agreement (Assurant Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Credit Party, any Subsidiary or any of its Subsidiaries Owner Pledgor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Credit Party, any Subsidiary or any of its Subsidiaries Owner Pledgor under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Credit Party, any Subsidiary or any of its SubsidiariesOwner Pledgor, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Credit Party, any Subsidiary or any of its Subsidiaries Owner Pledgor for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Credit Party, any Subsidiary or any of its SubsidiariesOwner Pledgor, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, stayed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Parent, NMG or any of its Subsidiaries Credit Party in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Parent, NMG or any of its Subsidiaries Credit Party under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Parent, NMG or any of its Subsidiariessuch Credit Party, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Parent, NMG or such Credit Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Parent, NMG or any of its Subsidiariessuch Credit Party, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership), Credit Agreement (Northland Cable Properties Six LTD Partnership)
Involuntary Bankruptcy; Appointment of Receiver, Etc. Except with the prior written consent of the Administrative Agent, (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party or any of its Subsidiaries Restricted Subsidiary that is not a Debtor in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state foreign law; or (ii) an involuntary case shall be commenced against any Loan Party or any of its Subsidiaries under the Bankruptcy Code or Restricted Subsidiary that is not a Debtor under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Laws; or a decree or order of a court having jurisdiction in the premises for the involuntary appointment of a an interim receiver, receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its SubsidiariesRestricted Subsidiary that is not a Debtor, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, receiver, liquidator, sequestrator, trustee, conservator custodian or other custodian of officer having similar powers over any Loan Party Restricted Subsidiary that is not a Debtor, or any of its Subsidiaries for over all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any all or a substantial part of the property of any Loan Party or any of its SubsidiariesRestricted Subsidiary that is not a Debtor, and any such event described in this clause (ii) shall continue for sixty forty-five (6045) days without having been dismissed, bonded or discharged; or;
Appears in 2 contracts
Samples: And Guaranty Agreement (GWG Holdings, Inc.), And Guaranty Agreement (GWG Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Borrower or any of its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Borrower or any of its Subsidiaries, Material Subsidiaries and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Pledge and Security Agreement (Tumi Holdings, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Parent, Borrower or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Parent, Borrower or any of its Subsidiaries Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Parent, Borrower or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian of any Loan Party Parent, Borrower or any of its their respective Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Parent, Borrower or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Joinder and Second Amendment Agreement (Ocwen Financial Corp), Counterpart Agreement (Ocwen Financial Corp)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Parent, any Loan Credit Party or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Parent, any Loan Credit Party or any of its Subsidiaries Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Parent, any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of the Parent, any Loan Credit Party or any of its Subsidiaries Material Subsidiary for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Parent, any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Term Loan Agreement (Assurant Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries OZ Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries OZ Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its SubsidiariesOZ Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its Subsidiaries OZ Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its SubsidiariesOZ Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries Restricted Subsidiary (other than a Restricted Holding Company Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, effect (including pursuant to which Canada Borrower has been declared bankrupt or insolvent under Canadian Insolvency Legislation) which decree or order for relief is not immediately stayed; or any other similar relief shall be granted under any applicable federal federal, state or state lawprovincial Governmental Rule, and such relief is not immediately stayed; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries under the Bankruptcy Code or such Restricted Subsidiary under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, administrator, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan such Credit Party or any of its Subsidiariessuch Restricted Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trusteereceiver, conservator receiver-manager, administrator, trustee or other custodian of any Loan Credit Party or any of its Subsidiaries such Restricted Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its Subsidiariessuch Restricted Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargeddischarged (provided, that in either (i) or (ii) above, no Default or Event of Default shall occur hereunder, in the case of any such Restricted Subsidiary unless such event could reasonably be expected to have a Material Adverse Effect); or
Appears in 2 contracts
Samples: Credit Agreement (Pattern Energy Group Inc.), Credit Agreement (Pattern Energy Group Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party the Borrower or any of its Material Subsidiaries, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party the Borrower or any of its Material Subsidiaries for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 2 contracts
Samples: Credit Agreement (Assurant Inc), Year Credit Agreement (Assurant Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Company or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Company or any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Company or any of its Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Company or any of its Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process 124 shall have been issued against any substantial part of the property of any Loan Party Company or any of its Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Sandhills Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (OneWater Marine Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Note Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawLaw; or (ii) an involuntary case shall be commenced against any Loan a Note Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan a Note Party or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Note Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Note Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Secured Note Purchase Agreement (Vahanna Tech Edge Acquisition I Corp.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries (other than any Immaterial Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, adjudicating such Credit Party as a bankrupt or insolvent debtor or ordering a reorganization, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other similar relief with respect to such Credit Party, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the any Loan Credit Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises in an involuntary case for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its SubsidiariesCredit Party, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its SubsidiariesCredit Party, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent ----------------------------------------------------- having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Credit Party or any of its their respective material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its their respective material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its their respective material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its their respective material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its their respective material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged, it being understood that "material Subsidiary" under subsections 7.6, 7.7 and 7.9 shall include SFHI, Pioneer Finance, Pioneer Hotel Inc. and their respective successors; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party the Borrower or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party the Borrower or any of its Subsidiaries Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party the Borrower or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian of any Loan Party the Borrower or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party the Borrower or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party (other than an English Loan Party) or any of its Subsidiaries Rubraca Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party (other than an English Loan Party) or any of its Subsidiaries Rubraca Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party (other than an English Loan Party) or any of its SubsidiariesRubraca Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party (other than an English Loan Party) or any of its Subsidiaries Rubraca Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party (other than an English Loan Party) or any of its SubsidiariesRubraca Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) consecutive days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent jurisdiction shall enter enters a decree or order for relief in with respect of any Loan Party or to any of its Subsidiaries the Non-Debtor Loan Parties in an involuntary case under the any Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectLaw, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal federal, provincial, state or state foreign law; or (ii2) the continuance of any of the following events for thirty (30) days unless dismissed, bonded or discharged: (a) an involuntary petition, proceeding or case shall be is commenced against any of the Non-Debtor Loan Party or any of its Subsidiaries under the Bankruptcy Code or Parties under any other applicable bankruptcy, insolvency insolvency, reorganization or other similar law of any jurisdiction now or hereafter in effecteffect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); or (b) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, administrator, manager, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any of the Non-Debtor Loan Party or any of its SubsidiariesParties, or over all or a substantial part of its property, shall have been is entered; or there shall have occurred the involuntary appointment of (c) an interim receiver, trusteereceiver-manager, conservator administrator, manager, trustee or other custodian is appointed without the consent of any of the Non-Debtor Loan Party or any of its Subsidiaries Parties, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any of, such Non-Debtor Loan Party; in each case under clause (1) and (2) except as could not reasonably be expected to have a Non-Debtor Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargedMaterial Adverse Effect; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Holding, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Holding, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Holding, Company or any of its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Holding, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Holding, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its the Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against of any Loan Credit Party or any of its the Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over of any Loan Credit Party or any of its the Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its the Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its the Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect, which decree or order is not stayed; , or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against any Loan Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency insolvency, or similar law now or hereafter in effect; , or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservatorcustodian, custodian or other officer having similar powers over any Loan Party or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; , or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian of any Loan Party or any of its Subsidiaries for all or a substantial part of its property; , or a warrant of attachment, execution execution, or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been dismissed, bonded bonded, or discharged; , or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief (other than a decree or order described in clause (ii)) in respect of any Loan NF Party or any of its Subsidiaries Holding in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; , or (ii) an involuntary case shall be commenced against any Loan NF Party or any of its Subsidiaries Holding under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan such NF Party or any of its Subsidiaries, or over all or a substantial part of its property, Holding shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan such NF Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its SubsidiariesHolding, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Borrower or any of its Subsidiaries SPLNG in an involuntary case under the Bankruptcy Code or proceeding under any other applicable bankruptcyDebtor Relief Laws, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, liquidator or other custodian or other officer having similar powers over any Loan Party Borrower or any of its Subsidiaries, SPLNG or over all or a substantial part of its propertyproperty shall be appointed, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian of any Loan Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Borrower or SPLNG and any Loan Party such event described in this clause (i) shall remain undismissed or unstayed for sixty days; or (ii) a case or proceeding shall be commenced against Borrower or SPLNG without the consent or acquiescence of such party seeking relief under any Debtor Relief Laws or seeking the appointment of a receiver, sequestrator, trustee, conservator, liquidator or other custodian or other officer having similar powers over Borrower or SPLNG or over all or a substantial part of its Subsidiariesproperty, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; oror (iii) any analogous step or procedure is taken under the laws of any jurisdiction in respect of Borrower or SPLNG;
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its Subsidiaries Material Subsidiary for all or 103 a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary , and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Payless Shoesource Inc /De/)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries (other than any Immaterial Subsidiary) under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its SubsidiariesSubsidiaries (other than any Immaterial Subsidiary), and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Earthlink Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party the Borrower or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party the Borrower or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party the Borrower or any of its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party the Borrower or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party the Borrower or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Credit Party or any of its their respective material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its their respective material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Credit Party or any of its their respective material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Credit Party or any of its their respective material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its their respective material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged, it being understood that `material Subsidiary' under subsections 7.6, 7.7 and 7.9 shall include SFHI and its successors, and from and after the Pioneer Plan Effective Date, shall include Pioneer Finance and Pioneer Hotel and their respective successors; or"
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court ----------------------------------------------------- of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Company or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Company or any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Company or any of its Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Company or any of its Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Company or any of its Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of the Parent or any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect in any applicable jurisdiction, domestic or foreign, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Parent or any Loan Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; effect in any applicable jurisdiction, domestic or foreign, or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservatorcustodian, custodian conservator or other officer having similar powers over the Parent or any Loan Party or any of its SubsidiariesParty, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of the Parent or any Loan Party or any of its Subsidiaries Party, for all or a substantial part of its property; or a warrant of attachment, distraint, execution or similar process shall have been issued against any substantial part of the property of the Parent or any Loan Party or any of its SubsidiariesParty, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Holdings, Company or any of its Material Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Holdings, Company or any of its Material Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Holdings, Company or any of its Material Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Holdings, Company or any of its Material Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Holdings, Company or any of its Material Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Digitas Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party a Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable applica ble federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party a Borrower or any of its Subsidiaries Subsidiaries, under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party a Borrower or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party a Borrower or any of its Subsidiaries Subsidiaries, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party a Borrower or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A An involuntary case, proceeding or other action shall be commenced against any Credit Party or any Subsidiary thereof under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have any order for relief entered with respect to it, or seeking to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, wind-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or seeking appointment of a receiver, administrative receiver, trustee, receiver-manager, liquidator, sequestrator, administrator, custodian or similar official for it or for all or any substantial part of its assets, and if such case or proceeding is being diligently contested in good faith, which case, proceeding or other action shall not be stayed, dismissed, bonded or discharged within thirty (30) days; or a court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries Subsidiary thereof in an involuntary case under the Bankruptcy Code or case, under any other applicable bankruptcy, insolvency or other similar law now or hereafter hereinafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state, local or state foreign law; or (ii) an involuntary case shall be commenced against any Loan Party or petition is presented by any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises Person for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over an administrator of any Loan Credit Party or any of its SubsidiariesSubsidiary thereof and if such petition is being diligently contested in good faith, or over all or a substantial part of its propertysuch petition shall not be stayed, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator or other custodian of any Loan Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; ordischarged within thirty (30) days.
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of the Borrower, any Loan Credit Party or any of its Subsidiaries Material Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against the Borrower, any Loan Credit Party or any of its Subsidiaries Material Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over the Borrower, any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, or over all or a substantial part of its their respective property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of the Borrower, any Loan Credit Party or any of its Subsidiaries Material Subsidiary for all or a substantial part of its their respective property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of the Borrower, any Loan Credit Party or any of its SubsidiariesMaterial Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Assurant, Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its their respective Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law, or under any applicable law in any jurisdiction; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its their respective Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, administrative receiver, liquidator, sequestrator, trustee, conservatoradministrator, compulsory manager, custodian or other officer having similar powers over any Loan Credit Party or any of its their respective Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trusteeadministrative receiver, conservator administrator, compulsory manager, trustee or other custodian of any Loan Credit Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Ebix Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Credit Party or any of its Subsidiaries Restricted Operating Company Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect, effect (including pursuant to which Canada Borrower has been declared bankrupt or insolvent under Canadian Insolvency Legislation) which decree or order for relief is not immediately stayed; or any other similar relief shall be granted under any applicable federal federal, state or state lawprovincial Governmental Rule, and such relief is not immediately stayed; or (ii) an involuntary case shall be commenced against any Loan Credit Party or any of its Subsidiaries under the Bankruptcy Code or Restricted Operating Company Subsidiary under any other applicable bankruptcy, insolvency or similar law Debtor Relief Laws now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, administrator, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan such Credit Party or any of its SubsidiariesRestricted Operating Company Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trusteereceiver, conservator receiver-manager, administrator, trustee or other custodian of any Loan Credit Party or any of its Subsidiaries Restricted Operating Company Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Credit Party or any of its SubsidiariesRestricted Operating Company Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargeddischarged (provided, that in either (i) or (ii) above, no default shall occur hereunder, in the case of the Restricted Operating Company Subsidiary unless such failure or event could reasonably be expected to result in a Material Adverse Effect); or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, 145 157 execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (ia) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party the Company or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (iib) an involuntary case shall be is commenced against any Loan Party the Company or any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party the Company or any of its Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party the Company or any of its Restricted Subsidiaries for all or a substantial part of the property of the Company or any of its propertyRestricted Subsidiaries is involuntarily appointed; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of any Loan Party the Company or any of its Restricted Subsidiaries, and the continuance of any such event described events in this clause subpart (iib) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Textron Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) ---------------------------------------------------- A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Company or any of its Restricted Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Company or any of its Restricted Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Company or any of its Restricted Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Company or any of its Restricted Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Company or any of its Restricted Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Company or any of its Subsidiaries Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayedvacated, discharged or stayed within 60 days of the entry thereof; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Company or any of its Subsidiaries Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Company or any of its SubsidiariesSignificant Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Company or any of its Subsidiaries Significant Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Company or any of its SubsidiariesSignificant Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party or any of its Subsidiaries Non-Debtor Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party or any of its Subsidiaries Non-Debtor Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its SubsidiariesNon-Debtor Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party or any of its Subsidiaries Non-Debtor Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its SubsidiariesNon-Debtor Subsidiary, and any such event described in this clause (ii) shall continue for sixty (60) ten days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Ambassadors International Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A The entry by a court of competent jurisdiction shall enter of a decree or order for relief in respect of any Loan Party or any of its their Restricted Subsidiaries (other than any Immaterial Subsidiary) in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, state or state local law; or (ii) the commencement of an involuntary case shall be commenced against any Loan Party or any of its their Restricted Subsidiaries under the Bankruptcy Code or (other than any Immaterial Subsidiary) under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its Subsidiariestheir Restricted Subsidiaries (other than any Immaterial Subsidiary), or over all or a substantial part of its property, shall have been entered; or there shall have occurred (iii) the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party or any of its their Restricted Subsidiaries (other than any Immaterial Subsidiary) for all or a substantial part of its property; , which remains undismissed, unvacated, unbounded or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue unstayed pending appeal for sixty (60) days without having been dismissed, bonded or dischargedconsecutive days; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter enters a decree or order for relief in respect of any Loan Party the Borrower or any of its Subsidiaries Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be is granted under any applicable federal or state law; or (ii) an involuntary case shall be is commenced against any Loan Party the Borrower or any of its Subsidiaries Significant Subsidiary under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party the Borrower or any of its SubsidiariesSignificant Subsidiary, or over all or a substantial part of its property, shall have been is entered; or there shall have occurred occurs the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party the Borrower or any of its Subsidiaries Significant Subsidiary for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been is issued against any substantial part of the property of any Loan Party the Borrower or any of its SubsidiariesSignificant Subsidiary, and any such event described in this clause (ii) shall continue continues for sixty (60) consecutive days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Pledge and Security Agreement (Lumentum Holdings Inc.)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent jurisdiction shall enter enters a decree or order for relief in with respect to Borrower, any of its Subsidiaries, any Guarantor, any other Loan Party or any of its Subsidiaries Resources in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal or state law; or (ii2) the continuance of any of the following events for forty-five (45) days unless dismissed, bonded or discharged: (a) an involuntary case shall be is commenced against Borrower, any of its Subsidiaries, any Guarantor, any other Loan Party or any of its Subsidiaries under the Bankruptcy Code or Resources, under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or (b) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or Borrower, any of its Subsidiaries, any Guarantor, any other Loan Party or Resources, or over all or a substantial part of its property, shall have been is entered; or there shall have occurred the involuntary appointment of (c) an interim receiver, trustee, conservator trustee or other custodian is appointed without the consent of Borrower, any of its Subsidiaries, any Guarantor, any other Loan Party or any of its Subsidiaries Resources, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of Borrower, any such Subsidiary, any Guarantor, any other Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargedResources; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party or any of its Included Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state lawlaw of any jurisdiction; or (ii) an involuntary case shall be commenced against any Loan Party or any of its Included Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effecteffect in any jurisdiction; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party or any of its Included Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party or any of its Included Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Included Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Holdings, the Company or any of its the Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Holdings, the Company or any of its the Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Holdings, the Company or any of its the Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Holdings, the Company or any of its the Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Holdings, the Company or any of its the Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been unless dismissed, bonded or discharged; oror Real Mex Restaurants, Inc. Second Amended and Restated Credit Agreement
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Company or any of its Significant Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Company or any of its Significant Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Company or any of its Significant Subsidiaries, or over all or a substantial part of its property, shall have been -100- 108 entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Company or any of its Significant Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Company or any of its Significant Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Samples: Credit Agreement (Zilog Inc)
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A court of competent jurisdiction shall enter a decree or order for relief in respect of any Loan Party Borrower or any of its Subsidiaries in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (ii) an involuntary case shall be commenced against any Loan Party Borrower or any of its Subsidiaries under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Borrower or any of its Subsidiaries, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Borrowers or any of its Subsidiaries for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Borrower or any of its Subsidiaries, and any such event described in this the foregoing clause (i) or (ii) shall continue for sixty (60) days without having been dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (iA) A court of competent having jurisdiction in the premises shall enter a decree or order for relief in respect of any Loan Party Company or any of its Material Subsidiaries or any Subsidiary Borrower in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal or state law; or (iiB) an involuntary case shall be is commenced against any Loan Party Company or any of its Material Subsidiaries under the Bankruptcy Code or any Subsidiary Borrower under any other applicable bankruptcy, insolvency or other similar law now or hereafter in effect; or a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any Loan Party Company or any of its SubsidiariesMaterial Subsidiaries or any Subsidiary Borrower, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of any Loan Party Company or any of its Material Subsidiaries or any Subsidiary Borrower for all or a substantial part of its property; or the issuance of a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party Company or any of its SubsidiariesMaterial Subsidiaries or any Subsidiary Borrower, and the continuance of any such event described events in this clause subpart (iiB) shall continue for sixty (60) 60 days without having been unless dismissed, bonded or discharged; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i1) A court of competent jurisdiction shall enter enters a decree or order for relief in with respect of any Loan Party or to any of its Subsidiaries the Non-Debtor Loan Parties in an involuntary case under the any Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectLaw, which decree or order is not stayed; stayed or any other similar relief shall be is not granted under any applicable federal federal, provincial, state or state foreign law; or (ii2) the continuance of any of the following events for thirty (30) days unless dismissed, bonded or discharged: (a) an involuntary petition, proceeding or case shall be is commenced against any of the Non-Debtor Loan Party or any of its Subsidiaries under the Bankruptcy Code or Parties under any other applicable bankruptcy, insolvency insolvency, reorganization or other similar law of any jurisdiction now or hereafter in effecteffect or under any insolvency, arrangement, reorganization, moratorium, receivership, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction now or hereafter in effect (whether at law or equity); or (b) a decree or order of a court having jurisdiction in the premises for the appointment of a receiver, receiver-manager, administrator, manager, liquidator, sequestrator, trustee, conservator, custodian or other officer having similar powers over any of the Non-Debtor Loan Party or any of its SubsidiariesParties, or over all or a substantial part of its property, shall have been is entered; or there shall have occurred the involuntary appointment of (c) an interim receiver, trusteereceiver-manager, conservator administrator, manager, trustee or other custodian is appointed without the consent of any of the Non-Debtor Loan Party or any of its Subsidiaries Parties, for all or a substantial part of its property; or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any of, such Non-Debtor Loan Party; except, in each case, as could reasonably be expected not to have a Non-Debtor Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue for sixty (60) days without having been dismissed, bonded or dischargedMaterial Adverse Effect; or
Appears in 1 contract
Involuntary Bankruptcy; Appointment of Receiver, Etc. (i) A The entry by a court of competent jurisdiction shall enter of a decree or order for relief in respect of Holdings, the Buyer, any Loan Party Borrower or any of its Subsidiaries Significant Subsidiary in an involuntary case under the Bankruptcy Code or under any other applicable bankruptcy, insolvency or similar law Debtor Relief Law now or hereafter in effect, which decree or order is not stayed; or any other similar relief shall be granted under any applicable federal federal, provincial, territorial, state or state lawlocal Requirement of Law; or (ii) the commencement of an involuntary case shall be commenced against Holdings, the Buyer, any Loan Party Borrower or any of its Subsidiaries under the Bankruptcy Code or Significant Subsidiary under any other applicable bankruptcy, insolvency or similar law now or hereafter in effectDebtor Relief Law; or a decree or order of the entry by a court having jurisdiction in the premises of a decree or order for the appointment of a receiver, receiver and manager, (preliminary) insolvency receiver, liquidator, sequestrator, trustee, conservatoradministrator, custodian custodian, monitor or other officer having similar powers over Holdings, the Buyer, any Loan Party Borrower or any of its SubsidiariesSignificant Subsidiary, or over all or a substantial part of its property, shall have been entered; or there shall have occurred the involuntary appointment of an interim receiver, trustee, conservator trustee or other custodian of Holdings, the Buyer, any Loan Party Borrower or any of its Subsidiaries Significant Subsidiary for all or a substantial part of its property; , which remains undismissed, unvacated, unbounded or a warrant of attachment, execution or similar process shall have been issued against any substantial part of the property of any Loan Party or any of its Subsidiaries, and any such event described in this clause (ii) shall continue unstayed pending appeal for sixty (60) days without having been dismissed, bonded or discharged60 consecutive days; or
Appears in 1 contract
