Common use of Involuntary Bankruptcy Clause in Contracts

Involuntary Bankruptcy. Involuntary petition shall be filed under any bankruptcy statute against Borrower or any Guarantor, or a custodian, receiver, trustee, assignee for the benefit of creditors (or other similar official) shall be appointed to take possession, custody or control of the properties of Borrower or any Guarantor, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) days from the date of said filing or appointment.

Appears in 6 contracts

Samples: Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp), Credit Agreement (Bally Total Fitness Holding Corp)

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Involuntary Bankruptcy. Involuntary An involuntary petition shall be filed under any bankruptcy statute against Borrower or any GuarantorBorrower, or a custodian, receiver, trustee, assignee for custodian, or similar officer of the benefit of creditors (or other similar official) court shall be appointed to take possession, custody or control possession of the properties of Borrower all or any Guarantorsubstantial part of Borrower's properties, unless such petition or appointment is set aside dismissed or withdrawn or ceases to be in effect within sixty (60) 90 days from the date of said the filing or appointment.;

Appears in 4 contracts

Samples: Loan Agreement (Ontro Inc), Loan Agreement (Ontro Inc), Loan Agreement (Ontro Inc)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed under any bankruptcy or similar statute against the Borrower or any GuarantorSubsidiary, or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator, or other similar official) shall be official is appointed to take possession, custody or control possession of the properties of the Borrower or any GuarantorSubsidiary; provided, unless however, that such Event of Default shall be deemed cured if such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) 60 days from the date of said filing or appointment.

Appears in 2 contracts

Samples: Credit Agreement (Filenet Corp), Credit Agreement (Filenet Corp)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed under any bankruptcy or similar statute against the Borrower or any GuarantorSubsidiary, or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator, or other similar official) shall be official is 22 appointed to take possession, custody or control possession of the properties of the Borrower or any GuarantorSubsidiary; provided, unless however, that such Event of Default shall be deemed cured if such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) 60 days from the date of said filing or appointment.

Appears in 1 contract

Samples: Credit Agreement (Microtest Inc)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be filed under the Bankruptcy Code or under any bankruptcy statute other debtor relief law is filed against Borrower or in any Guarantor, way restrains or limits Borrower or Lender regarding the Loan or a custodian, receiver, trustee, assignee for the benefit of creditors (or other similar official) shall be appointed to take possession, custody or control substantial part of the properties Borrower’s property, and such case or proceeding shall remain undismissed or unstayed for a period of Borrower or any Guarantor, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty ninety (6090) days from after the date of said filing of such involuntary petition or appointmentan order or decree for relief under such laws has been entered.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be filed under any bankruptcy or similar statute against Borrower or any Guarantorthe Borrower, or a custodian, receiver, trustee, assignee for the benefit of creditors (or other similar official) shall be appointed to take possession, custody or control of the properties of the Borrower or any Guarantor, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty thirty (6030) days from the date of said filing or appointment.

Appears in 1 contract

Samples: Credit Agreement (Bindley Western Industries Inc)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed against the Borrower (unless such petition is dismissed or discharged within 60 days under any bankruptcy statute against Borrower now or any Guarantorhereafter in effect, or a custodian, receiver, trustee, assignee for the benefit of creditors (or other similar official) shall be is appointed to take possession, custody or control of any property of the properties of Borrower or any Guarantor, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) days from the date of said filing or appointmentBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Anebulo Pharmaceuticals, Inc.)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed under any bankruptcy or similar statute against any Borrower or any Guarantor, Guarantor or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator, or other similar official) shall be official is appointed to take possession, custody or control possession of the properties of Borrower or any Guarantor, unless such Guarantor and the petition or appointment is not set aside or withdrawn or ceases to be in effect within sixty (60) days or continues in effect for sixty (60) days or more from the date of said filing or appointment.

Appears in 1 contract

Samples: Loan and Security Agreement (Manufactured Housing Properties Inc.)

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Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed under any bankruptcy or similar statute against the Borrower or any GuarantorSubsidiary, or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator, or other similar official) shall be official is appointed to take possession, custody or control possession of the properties of the Borrower or any Guarantor, unless Subsidiary and such petition or appointment is not set aside or withdrawn within 60 days or ceases to be continues in effect within sixty (60) for 60 days or more from the date of said filing or appointment.

Appears in 1 contract

Samples: Credit Agreement (Digital Microwave Corp /De/)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed under any bankruptcy or similar statute against Borrower or any Guarantor, or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator, or other similar official) shall be official is appointed to take possession, custody or control possession of the properties of Borrower or any Guarantor; provided, unless however, that such Event of Default shall be deemed cured if such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) days from the date of said filing or appointment.;

Appears in 1 contract

Samples: Credit Agreement (Good Guys Inc)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is ---------------------- filed under any bankruptcy or similar statute against Borrower or any Guarantorthe Borrower, or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator or other similar official) shall be official is appointed to take possession, custody or control possession of the properties of the Borrower or any Guarantor, unless and such petition or appointment is set aside or withdrawn or ceases to be in effect not dismissed within sixty ninety (6090) days from the date of said filing or appointmentdays.

Appears in 1 contract

Samples: Credit Facility Agreement (Corinthian Colleges Inc)

Involuntary Bankruptcy. Involuntary An involuntary petition shall be is filed under any bankruptcy or similar statute against the Borrower or any GuarantorSubsidiary, or a custodian, receiver, trustee, assignee for the benefit of creditors (liquidator, assignee, custodian, sequestrator or other similar official) shall be official is appointed to take possession, custody or control possession of the properties of the Borrower or any GuarantorSubsidiary; provided, unless however, that such Event of Default shall be deemed cured if such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) 60 days from the date of said filing or appointment.

Appears in 1 contract

Samples: Credit Agreement (Watkins Johnson Co)

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