definiens: with respect to any Person means any of the follo wing : ( 1 ) the institution by that Person of proceedings u nder the United States Bankruptcy Code, or any othe r applicable U.S. federal or state Law or any applica ble foreign Law seeking an order for relief ; ( 2 ) the consent of that Person to the institution o f bankruptcy or insolvency proceedings against that Person ; ( 3 ) the filing by that Person of a petition seeking reorganization or release under the Federal Bankru ptcy Reform Act or any other applicable U.S. federal or state Law or applicable foreign Law, or the consent by that Person to the filing of any such petition o r to the appointment of a receiver, liquidator, ass ignee, trustee, sequestrator ( or other similar official ) o f that Person or of any substantial part of the pro perty of that Person ; -19- [ * * * ] = Certain confidential information containe d in this document, marked by brackets, has been om itted and filed separately with the Securities and Exchange C ommission pursuant to Rule 406 of the Securities Ac t of 1933, as amended