Bankruptcy Case Matters Sample Clauses

Bankruptcy Case Matters. (i) The Court shall have entered the Interim Order, in form and substance satisfactory to the Agent,
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Bankruptcy Case Matters. (a) Promptly after the same is available, Company shall furnish or cause to be furnished to counsel for Xxxxx Fargo all pleadings, motions, applications, judicial information, financial information and other documents filed by or on behalf of Company with the Bankruptcy Court or served by or on behalf of Company upon a United States Trustee in the Bankruptcy Case or other non-confidential material documents distributed by or on behalf of Company to any creditors’ committee appointed in the Bankruptcy Case. Without limiting the generality of the foregoing, Company shall promptly provide reasonable access to, and discuss with, Xxxxx Fargo and its counsel any and all material information and developments in connection with any proposed plan of reorganization, including, without limitation, any non- confidential and non-privileged letters of intent, commitment letters or engagement letters received by Company, any asset valuation and disclosure statement, and any other event or condition which is reasonably likely to have a material effect on Company or the Bankruptcy Case.
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Bankruptcy Case Matters. The Borrowers have delivered to the Administrative Agent true and correct copy of the Plan of Reorganization, as confirmed pursuant to the Confirmation Order, and the Plan of Reorganization has not been amended or otherwise modified. The Borrowers have also delivered to the Administrative Agent a true and correct copy of the Confirmation Order, which Confirmation Order has become a Final Order (provided, however, that the Administrative Agent may, in its sole and absolute discretion, waive or modify any requirement that the Confirmation Order be a Final Order). Contemporaneously with the closing of the transactions contemplated by this Agreement, the Effective Date will occur under the Plan of Reorganization, the Plan of Reorganization shall have previously been (or will be contemporaneously with the closing of the transactions contemplated by this Agreement), consummated in accordance with its terms. Due and adequate notice of the hearing on confirmation of the Plan of Reorganization and the entry of the Confirmation Order was given in accordance with the requirements of the Bankruptcy Rules and the Bankruptcy Code.
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Bankruptcy Case Matters. (i) Except as otherwise provided in Section 9.15 of this Agreement, or as agreed in advance in writing by the Administrative Agent, any order is entered superseding, amending, supplementing, vacating, staying, reversing or otherwise modifying the Confirmation Order or the Plan of Reorganization, (or any Borrower or Guarantor files any motion, complaint or other pleading seeking any of the foregoing) or (ii) any Borrower or any Guarantor shall cause or permit to exist any failure of material compliance with the Plan of Reorganization or the Confirmation Order, except where such failure could not reasonably be expected to have a Material Adverse Effect.
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Bankruptcy Case Matters. The occurrence of any of the following in any of the Chapter 11 Cases:
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Bankruptcy Case Matters. (i) The Court shall have entered the Final Order, in form and substance satisfactory to the Agent,
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Bankruptcy Case Matters. The Emergency Financing Order shall have been entered by the Bankruptcy Court in the Bankruptcy Case after notice and a hearing conducted in accordance with the Bankruptcy Code and rules thereunder, no later than 5 Business Days after the Filing Date, in form and substance satisfactory to Agent and Lenders, authorizing and approving the transactions contemplated in this Agreement and, among other things, (a) finding that Agent and Lenders are extending credit to Borrower in good faith within the meaning of Section 364(e) of the Bankruptcy Code, (b) approving payment by Borrower of all fees and expenses described hereunder, including without limitation the Revolving Loan Closing Fees, the Term Loan Closing Fee, the Letter of Credit fees, the Unused Line Fee, the prepayment fees, the audit fees, the Revolving Credit Administrative Fee, the Term Loan Monitoring Fee and the Deferred Fee, and all costs and expenses reimburseable by Borrower hereunder, (c) providing for the automatic perfection of Agent's Liens on the Collateral, (d) granting the Obligations superpriority status pursuant to Section 364(c)(1) of the Bankruptcy Code, subject to the Carve Out and providing that no costs of administration shall be imposed against Agent, Lenders or the Collateral pursuant to Section 506(c) of the Bankruptcy Code, (e) providing for the automatic vacation of the automatic stay upon the occurrence of an Event of Default, in order to permit enforcement of remedies under the Loan Documents, including without limitation the enforcement upon 5 Business Days' prior written notice to Borrower, of remedies against the Collateral, (f) providing that upon the occurrence of an Event of Default, Agent and Lenders shall be permitted to immediately cease making Revolving Credit Loans, and issuing Letters of Credit and LC Guaranties and that Borrower shall be prohibited from using cash Collateral in which Agent and Lenders have an interest without Agent's prior written consent, (g) providing that proceeds of the Loans shall be used as provided herein, (h) providing that Agent's Liens on the Collateral are first priority Liens, subject only to Liens acceptable to Agent and all Lenders, (i) providing for Borrower (and its successors and assigns, but without prejudice to the rights of an official committee or other party in interest in the Bankruptcy Case to assert claims on behalf of Borrower's estate within 60 days of the Filing Date), to forever release, discharge and acquit Prepetit...
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Related to Bankruptcy Case Matters

  • Bankruptcy Court Matters Promptly, copies of all pleadings, motions, applications, and other documents filed by any Credit Party with the Bankruptcy Court or distributed by any Credit Party to the office of the United States Trustee or to any official committee of creditors or interest holders.

  • Bankruptcy Matters No party to this Agreement shall take any action to cause the Depositor or the Issuer to dissolve in whole or in part or file a voluntary petition or otherwise initiate proceedings to have the Depositor or the Issuer adjudicated bankrupt or insolvent, or consent to the institution of bankruptcy or insolvency proceedings against the Depositor or the Issuer, or file a petition seeking or consenting to reorganization or relief of the Depositor or the Issuer as debtor under any applicable federal or state law relating to bankruptcy, insolvency, or other relief for debtors with respect to the Depositor or the Issuer; or seek or consent to the appointment of any trustee, receiver, conservator, assignee, sequestrator, custodian, liquidator (or other similar official) of the Depositor or the Issuer or of all or any substantial part of the properties and assets of the Depositor or the Issuer, or cause the Issuer to make any general assignment for the benefit of creditors of the Depositor or the Issuer, or take any action in furtherance of any of the above actions.

  • Litigation Matters If the FDIC Party and the Assuming Institution do not agree to submit the Dispute Item to arbitration, the Dispute Item may be resolved by litigation in accordance with Federal or state law, as provided in Section 13.10 of the Purchase and Assumption Agreement. Any litigation shall be filed in a United States District Court in the proper district.

  • FCC Matters Except for the filing of tariffs with the FCC, ----------- each Loan Party has duly and timely filed all filings which are required to be filed by it under the Communications Act, the failure to file which could reasonably be expected to have a Material Adverse Effect and is in all material respects in compliance with the Communications Act, including the rules and regulations of the FCC applicable to it, the failure to be in compliance with which could reasonably be expected to have a Material Adverse Effect. No failure to pay any Indebtedness owing to the FCC in respect of any C-Block FCC License has occurred, except in accordance with the orders, rules and regulations of the FCC.

  • Bankruptcy Court Approval (a) Sellers shall use all commercially reasonable efforts to obtain Bankruptcy Court approval of the Sale Order which, among other things, will contain findings of fact and conclusions of law (i) finding that this Agreement was proposed by the parties in good faith and represents the highest and best offer for the Purchased Assets; (ii) finding that Purchaser is a good faith purchaser under Section 363(m) of the Bankruptcy Code and that the provisions of Section 363(n) of the Bankruptcy Code have not been violated; (iii) authorizing and directing Sellers to consummate the transaction contemplated by this Agreement and sell only the Purchased Assets to Purchaser pursuant to this Agreement and Sections 363 and 365 of the Bankruptcy Code, free and clear of all Encumbrances (including any and all “interests” in the Purchased Assets within the meaning of Section 363(f) of the Bankruptcy Code), other than the Assumed Liabilities and the Permitted Encumbrances, such that Purchaser shall not incur any liability as a successor to the Business; (iv) authorizing and directing Sellers to execute, deliver, perform under, consummate and implement, this Agreement, together with all additional instruments and documents that may be reasonably necessary or desirable to implement the foregoing; (v) finding that Purchaser is not a successor in interest to Sellers or otherwise liable for any Retained Liability, (vi) finding that Purchaser’s acquisition of the Purchased Assets and assumption of the Assumed Liabilities does not reflect a significant continuity of the business of Sellers and permanently enjoins each and every holder of a Retained Liability from commencing, continuing or otherwise pursuing or enforcing any remedy, claim or cause of action against Purchaser relative to such Retained Liability; (vii) finding that the sale of the Purchased Assets does not constitute a sub xxxx plan of reorganization; and (viii) directing Sellers, at the direction of the Purchaser, to immediately consummate the sale of the Purchased Assets without awaiting the expiration of any applicable time period for appealing the Sale Order.

  • UCC Matters Such Seller shall not change its state of organization or incorporation or its name, identity or corporate structure such that any financing statement filed to perfect the Purchaser’s interests under this Agreement would become seriously misleading, unless such Seller shall have given the Purchaser not less than thirty (30) days’ prior written notice of such change.

  • Bankruptcy Court Order The Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, is in full force and effect, and has not been reversed, stayed, modified or amended absent the consent of the Agent and the Borrower.

  • Bankruptcy Proceedings The commencement of any proceedings by or against Guarantor under any applicable bankruptcy, reorganization, liquidation, insolvency or other similar law now or hereafter in effect or of any proceeding in which a receiver, liquidator, trustee or other similar official is sought to be appointed for it;

  • Reorganization Matters (a) The Chapter 11 Cases were commenced on the Petition Date in accordance with applicable law and notice thereof as well as notice of (x) the motion seeking approval of the Loan Documents and the Interim Order and Final Order, and (y) the hearing for the approval of the Interim Order, and (z) the hearing for the approval of the Final Order, in each case was properly given in accordance with applicable law.

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

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