Common use of Involuntary Bankruptcy, etc Clause in Contracts

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any Loan Party or any of their respective Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 3 contracts

Samples: Credit Agreement (PROS Holdings, Inc.), Credit Agreement (PROS Holdings, Inc.), Credit Agreement (PROS Holdings, Inc.)

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Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Restricted Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Restricted Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 sixty calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such its Restricted Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Forum Energy Technologies, Inc.), Credit Agreement (AerSale Corp), Credit Agreement (Emmis Communications Corp)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 sixty calendar days of the date of the filing thereof, (d) an interim trustee trustee, receiver or receiver-manager is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such its Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 3 contracts

Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Restricted Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Restricted Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such its Restricted Subsidiary, or (e) an order for relief shall have been issued or entered therein;.

Appears in 2 contracts

Samples: Credit Agreement (Glass House Brands Inc.), Credit Agreement (Glass House Brands Inc.)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Restricted Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Restricted Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such its Restricted Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 2 contracts

Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (FTS International, Inc.)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Restricted Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Restricted Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such Restricted Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 2 contracts

Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Restricted Subsidiaries (other than an any Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Restricted Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 sixty (60) calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such SubsidiaryParty, or (e) an order for relief shall have been issued or entered therein;

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Delek US Holdings, Inc.), Term Loan Credit Agreement (Delek US Holdings, Inc.)

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Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 1 contract

Samples: Credit Agreement (Accuride Corp)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition or notice commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee trustee, a trustee, an interim receiver, a receiver, a receiver-manager, a monitor, or any similar Person is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such its Subsidiary, or (e) an order for relief shall have been issued or entered therein;

Appears in 1 contract

Samples: Credit Agreement (General Finance CORP)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any a Loan Party or any of their respective its Restricted Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Restricted Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 sixty calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or such its Restricted Subsidiary, or (e) an order for relief shall have been issued or entered therein;; 8.6

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Involuntary Bankruptcy, etc. If an Insolvency Proceeding is commenced against Parent, any Loan Party Holdings or any of their respective its Subsidiaries (other than an Immaterial Subsidiary) and any of the following events occur: (a) Parent, such Loan Party or such Subsidiary consents to the institution of such Insolvency Proceeding against it, (b) the petition commencing the Insolvency Proceeding is not timely controverted, (c) the petition commencing the Insolvency Proceeding is not dismissed within 60 calendar days of the date of the filing thereof, (d) an interim trustee is appointed to take possession of all or any substantial portion of the properties or assets of, or to operate all or any substantial portion of the business of, Parent, such Loan Party or its Subsidiary (other than an Immaterial Subsidiary unless such Subsidiaryevent would be reasonably expected to have a Material Adverse Effect), or (e) an order for relief shall have been issued or entered therein;

Appears in 1 contract

Samples: Credit Agreement (Paycor Hcm, Inc.)

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