Common use of Voluntary Proceedings Clause in Contracts

Voluntary Proceedings. A Party shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; (ii) make a general assignment for the benefit of its creditors; (iii) commence a voluntary case under the Bankruptcy Code; (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; (v) acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (vi) take any corporate action for the purpose of effecting any of the foregoing; or

Appears in 7 contracts

Sources: Build Ready Standard Form Agreement, Renewable Energy Standard Agreement, Conditional Termination Agreement

Voluntary Proceedings. A Party shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself such Party or of all or a substantial part of its property; (ii) make a general assignment for the benefit of its creditors; (iii) commence a voluntary case under the Bankruptcy Code; (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; (v) acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; or (vi) take any corporate action for the purpose of effecting any of the foregoing; or

Appears in 3 contracts

Sources: Standard Form Agreement, Res Standard Form Agreement, Res Standard Form Agreement

Voluntary Proceedings. A The Company or any other Loan Party shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; , (ii) make a general assignment for the benefit of its creditors; , (iii) commence a voluntary case under the Bankruptcy Code; , (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; , (v) acquiesce in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code; , or (vi) take any corporate action for the purpose of effecting any of the foregoing; or.

Appears in 2 contracts

Sources: Credit Agreement (Docucorp Inc), Credit Agreement (Serologicals Corp)

Voluntary Proceedings. A The Borrower or any other Loan Party shall (i) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property; , (ii) make a general assignment for the benefit of its creditors; , (iii) commence a voluntary case under the Bankruptcy Code; , (iv) file a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts; , (v) acquiesce in writing to, to any petition filed against it in an involuntary case under the Bankruptcy Code; , (vi) admit in writing its inability to, or be generally unable to, pay its debts as such debts become due or (vivii) take any corporate action for the purpose of effecting any of the foregoing; or.

Appears in 1 contract

Sources: Credit Agreement (Serologicals Corp)