definiens: means, with respect to any Party, the occurrence of any of the following : ( i ) such Party shallcommence a voluntary case concerning itself under any bankruptcy, liquidation or insolvency code ; ( ii ) an involuntary case iscommenced against such Party under any bankruptcy, liquidation or insolvency code and the petition is not controverted within ten(10 ) business days, or is not dismissed within sixty ( 60 ) days, after commencement of the case ; ( iii ) a custodian is appointed for, ortakes charge of, all or substantially all of the property of such Party or such Party commences any other proceedings under any -4- reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of anyjurisdiction whether now or hereafter in effect relating to such Party or there is commenced against such Party any such proceedingwhich remains undismissed for a period of sixty ( 60 ) days ; ( iv ) any order of relief or other order approving any such case orproceeding is entered ; ( v ) such Party is adjudicated insolvent or bankrupt ; ( vi ) such Party suffers any appointment of any custodian, receiver or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of sixty ( 60 ) days;(vii ) such Party makes a general assignment for the benefit of creditors ; ( viii ) such Party shall be unable to pay, its debts generally asthey become due ; ( ix ) such party shall call a meeting of its creditors with a view to arranging a compromise or adjustment of itsdebts ; ( x ) such Party shall by any act or failure to act consent to, approve of or acquiesce in any of the foregoing ; or ( xi ) anycorporate, limited liability company, partnership or individual action, as applicable, is taken by such Party for the purpose ofeffecting any of the foregoing