No Acts of Bankruptcy. It has not committed an act of bankruptcy, is not insolvent, has not proposed a compromising arrangement to its creditors generally, has not had any petition for a receiving order in bankruptcy filed against it, has not made a voluntary assignment in bankruptcy, has not taken any proceedings with respect to a compromise or arrangement, has not taken any proceeding to have itself declared bankrupt or wound-up, has not taken any proceeding to have a receiver appointed of any part of its assets, has not had any encumbrancer take possession of any of its property and has not had any execution or distress become enforceable or become levied upon any of its property.
No Acts of Bankruptcy. The Borrower has not sought protection from its creditors from any court or pursuant to any legislation, proposed a compromise or arrangement to its creditors generally, taken any proceeding with respect to a compromise or arrangement, taken any proceeding to have itself declared bankrupt or wound up, as the case may be, taken any proceeding to have a receiver appointed of any part of its assets, had any encumbrancer or receiver take possession of any of its property, had an execution or distress become enforceable or levied upon any portion of its property or had any petition for a receiving order in bankruptcy or application for a bankruptcy order filed against it.
No Acts of Bankruptcy. Duncan Park has not committed an act of bankruptcy, has not proposed a compromising arrangement to its creditors generally, has not had any petition for a receiving order in bankruptcy filed against it, has not made a voluntary assignment in bankruptcy, has not taken any proceedings with respect to a compromise or arrangement, has not taken any proceeding to have itself declared bankrupt or wound-up, has not taken any proceeding to have a receiver appointed of any part of its assets, has not had any encumbrancer take possession of any of its property and has not had any execution or distress become enforceable or become levied upon any of its property.
No Acts of Bankruptcy. Almaden and Gavilan have not committed an act of bankruptcy, is not insolvent, have not proposed a compromising arrangement to its creditors generally, have not had any petition for a receiving order in bankruptcy filed against it, have not made a voluntary assignment in bankruptcy, have not taken any proceedings with respect to a compromise or arrangement, have not taken any proceeding to have itself declared bankrupt or wound-up, have not taken any proceeding to have a receiver appointed of any part of its assets, have not had any encumbrancer take possession of any of its respective property or have not had any execution nor have distress become enforceable or become levied upon any of its property.
No Acts of Bankruptcy. Seller covenants that it will not under any circumstances commit and/or commence an Act of Bankruptcy within any time during the later of (i) the next ninety (90) days following the Closing Date, or (ii) such period of time that equals ninety (90) days after the date on which all the transfers and/or conveyances of property to Buyer contemplated under this Agreement have become final and/or legally effective in all respects.
