Common use of Amendment Order Clause in Contracts

Amendment Order. Not later than April [__], 2008, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth Amendment Order”) in substantially the form of Exhibit B attached hereto or such other form as otherwise agreed by the Administrative Agent and the Debtors and which Amendment Order (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended by this Fifth Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.

Amendment Order. Not later than April [__]February 28, 20082007, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth Amendment Order”) Order in substantially the form of Exhibit B attached hereto or such other form as otherwise agreed by the Administrative Agent and the Debtors and which Amendment Order (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 3.6 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended and restated by this Fifth Ninth Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.

Amendment Order. Not later than April [__]September 12, 2008, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth First Amendment Order”) in substantially the form of Exhibit B attached hereto or such other form as otherwise agreed by the Administrative Agent Agent, the Lenders and the Debtors Borrowers and which First Amendment Order (ia) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended provided that if the First Amendment Order is the subject of a pending appeal in any respect, except neither the making of any Loan nor the issuance of any Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as approved amended by this First Amendment or under the Administrative Agent in its sole discretion, Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal; (iiib) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and fees set forth in Section 3.5 hereof, ; and (ivc) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended by this Fifth Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.

Amendment Order. Not later than April [__]September 15, 20082003, the Administrative Agent and the Lenders shall have received a certified copy of an order of the amendment order (the “Fifth Amendment Order”) Bankruptcy Court in substantially the form of Exhibit B attached hereto or such other form A-2 to this Agreement (the “Amendment Order”) approving the amendment and restatement of the Existing Credit Agreement as otherwise agreed by the Administrative Agent and the Debtors contemplated hereby and which Amendment Order shall (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent Agent, in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit AgreementPrepetition Agreements; and, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such a Loan nor the issuance of such a Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended by this Fifth Amendment hereunder or under the Loan Documents or under any other instrument or agreement referred to therein herein shall be the subject of a presently effective stay pending appeal.

Amendment Order. Not later than April [February __], 20082007, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth Amendment Order”) Order in substantially the form of Exhibit B attached hereto or such other form as otherwise agreed by the Administrative Agent and the Debtors and which Amendment Order (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 3.6 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended and restated by this Fifth Ninth Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.

Amendment Order. Not later than April [__]August 24, 20082006, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth "Amendment Order”") in substantially the form of Exhibit B A attached hereto or such other form as otherwise agreed by the Administrative Agent and the Debtors and which Amendment Order (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended by this Fifth Eighth Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.

Amendment Order. Not later than April [__]December 29, 20082007, the Administrative Agent and the Lenders shall have received a certified copy of the amendment order (the “Fifth Third Amendment Order”) in substantially the form of Exhibit B A attached hereto or such other form as otherwise agreed by the Administrative Agent and the Debtors and which Amendment Order (i) shall be in full force and effect, (ii) shall not have been stayed, reversed, modified or amended in any respect, except as approved by the Administrative Agent in its sole discretion, (iii) shall approve or otherwise reaffirm the payment by the Borrowers of all of the Fees set forth in Sections 2.19, 2.20 and 2.21 of the Credit Agreement and in Section 3.5 hereof, (iv) shall be entered with the consent or non-objection of a preponderance (as determined by the Administrative Agent in its sole discretion) of the secured creditors of any of the Borrowers under the Pre-Petition Credit Agreement, and (v) if the Fifth Third Amendment Order is the subject of a pending appeal in any respect, neither the making of such Loan nor the issuance of such Letter of Credit nor the performance by any of the Borrowers of any of their obligations under the Credit Agreement as amended by this Fifth Third Amendment or under the Loan Documents or under any other instrument or agreement referred to therein shall be the subject of a presently effective stay pending appeal.