Common use of Voluntary Proceeding Clause in Contracts

Voluntary Proceeding. A Loan Party shall (i) commence a voluntary case or other Proceeding or file any petition seeking liquidation, reorganization or other relief under any federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a custodian, trustee, receiver, liquidator or other similar official of it or any substantial part of its property, (ii) consent to the institution of, or fail to contest in a timely and appropriate manner, any Proceeding or petition described in clause (i) of this subsection, (iii) apply for or consent to the appointment of a custodian, trustee, receiver, liquidator or other similar official for such Loan Party or for a substantial part of its assets, (iv) file an answer admitting the material allegations of a petition filed against it in any such Proceeding, (v) make a general assignment for the benefit of creditors, or (vi) take any action for the purpose of effecting any of the foregoing.

Appears in 5 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Hines Global Reit Ii, Inc.), Construction Loan Agreement

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Voluntary Proceeding. A Loan Party Borrower shall (i) commence a voluntary case or other Proceeding proceeding or file any petition seeking liquidation, reorganization or other relief under any federal, state or foreign bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a custodian, trustee, receiver, liquidator or other similar official of it or any substantial part of its property, (ii) consent to the institution of, or fail to contest in a timely and appropriate manner, any Proceeding proceeding or petition described in clause (i) of this subsectionSection 6.04, (iii) apply for or consent to the appointment of a custodian, trustee, receiver, liquidator or other similar official for such Loan Party Borrower or for a substantial part of its assets, (iv) file an answer admitting the material allegations of a petition filed against it in any such Proceedingproceeding, (v) make a general assignment for the benefit of creditors, or (vi) take any action for the purpose of effecting any of the foregoing.

Appears in 1 contract

Samples: Security Agreement (Oragenics Inc)

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