Agreements Regarding Chapter 11 Cases Sample Clauses

Agreements Regarding Chapter 11 Cases. (i) In connection with (i) the Chapter 11 Cases, (ii) any subsequent or successor case commenced or continued under the Bankruptcy Code with respect to the Borrower, (iii) any other federal, state or foreign bankruptcy, insolvency, reorganization or other law affecting creditors’ rights or any other or similar proceedings seeking any stay, reorganization, arrangement, composition or readjustment of the obligations and indebtedness of the Borrower, (iv) any other proceeding seeking the appointment of any trustee, receiver, liquidator, custodian or other insolvency official with similar powers with respect to the Borrower or any of its assets, (v) any other proceeding for liquidation, dissolution or other winding up of the business of the Borrower or (vi) any assignment for the benefit of creditors or any marshalling of assets of the Borrower (any of the events referred to in preceding clauses (i) through (v), an “Insolvency Proceeding”), the agreements contained in this Agreement are and shall remain in full force and effect and enforceable pursuant to their terms. No payment or other realization or recovery of any amounts or other consideration on account of the Last Out Term Advances shall be received or retained by any of the Last Out Term Lenders unless and until the First Out Final Payment Date has occurred during the pendency of any Insolvency Proceeding, regardless of whether such interest, fees, enhanced yield, costs and expenses are allowed or allowable by the Bankruptcy Court or any other bankruptcy court, other than the payment of interest pursuant to Section 2.20(c), the payment of any fees, costs and expenses pursuant to Section 2.20(d) and the payment of any gross-up amount by the Borrower to any Last Out Term Lender pursuant to Section 2.20(e). (ii) No Last Out Term Lender shall contest, challenge, or object to any claim by the Administrative Agent, any First Out Lender or any First Out Lender Party against the Borrower (including any claim under 11 U.S.C. § 506(b)) or the extent, validity, perfection, or priority of the liens held by the Administrative Agent, any First Out Lender and/or any other First Out Lender Party as security for the Advances or other Obligations. (iii) Until the First Out Final Payment Date, after an Event of Default has occurred and is continuing, the Last Out Term Lenders agree that the Administrative Agent may consent to the sale or foreclosure or disposition of any or all of the Collateral (including any Collateral...