Bankruptcy Covenants. Notwithstanding anything in the Loan Documents to the contrary, the Borrower Parties shall comply with all covenants, terms and conditions and otherwise perform all obligations set forth in the DIP Orders.
Bankruptcy Covenants. 17 ARTICLE VII CONDITIONS...........................................................................................18 Section 7.01 Conditions to Investor's Obligations...........................................................18 Section 7.02 Conditions to the Company's Obligations........................................................22
Bankruptcy Covenants. (a) As soon as practicable following the execution of this Agreement (and in no event later than December 5, 2003), Company shall, and shall cause each of the other Debtors to, file the Plan. As soon as practicable thereafter (and in no event later than December 18, 2003), Company shall, and shall cause each of the other Debtors to, file a Disclosure Statement with respect to the Plan. Thereafter, without the prior written consent of Purchaser, Company shall not, and shall cause each of the other Debtors not to, amend or modify any material provision of the Plan or the Disclosure Statement with respect to the business, operations, assets, condition (financial or otherwise) or prospects of Reorganized Covanta and its Subsidiaries or withdraw the Plan or file any other plan of reorganization of the Debtors. Company shall, and shall cause each of the other Debtors to, promptly provide Purchaser with (i) proposed final drafts of all documents, motions, orders, filings, pleadings, supplements or amendments that Company or any other Debtor proposes to file with the Bankruptcy Court which relate to the consummation or approval of the Plan, this Agreement or any provision therein or herein, and will provide Purchaser with reasonable opportunity to review and comment upon such filings and (ii) any objections to the Plan or Disclosure Statement. Company shall, and shall cause each of the other Debtors to, consult and cooperate with Purchaser, and consider in good faith the views of Purchaser, as contemplated by the Plan, with respect to all such filings and the acceptance or rejection prior to Closing of any unexpired lease or other executory contract. Company shall, and shall cause each of the other Debtors to, promptly (and, in any event, within two (2) Business Days after receipt of such pleadings by the Debtors) provide Purchaser with copies of all pleadings (other than proofs of claim below $10,000 in amount) received by or served by or upon any of the Debtors in connection with the Case after the date hereof.
Bankruptcy Covenants. (a) The Seller shall promptly provide the Buyer with (i) proposed final drafts of all documents, motions, orders, filings or pleadings that the Seller proposes to file with the Bankruptcy Court which relate to the consummation or approval of the Plan, this Agreement or any provision therein or herein, and will provide the Buyer with reasonable opportunity to review such filings and (ii) copies of any written objections to the Plan or Disclosure Statement.
Bankruptcy Covenants. (a) In the event of the filing of any petition for bankruptcy relief filed by or against Borrower, any Guarantor or any other Loan Party, Loan Parties consent to the entry of, and shall not otherwise oppose, an order granting Lender relief from the automatic stay of Section 362 of the Bankruptcy Code and shall not assert or request any other party to assert that the automatic stay provided by Section 362 of the Bankruptcy Code shall operate or be interpreted to stay, interdict, condition, reduce or inhibit the ability of Lender to enforce any rights it has under the Loan Documents, or any other rights Lender has against any Loan Party or against any property owned by any Loan Party or part of a Loan Party’s bankruptcy estate.
Bankruptcy Covenants. (a) The Debtors shall cause all proposed First Day Orders, “second day” orders and all other orders establishing procedures for administration of the Cases or approving significant or outside the ordinary course of business transactions submitted to the Bankruptcy Court to be in accordance with and permitted by the terms of this Agreement and, in any event, reasonably acceptable to the Required Lenders in all respects.
Bankruptcy Covenants. 21 5.10. Calculation of Cash Deficit and Cash Excess; Net Working Capital............................22
Bankruptcy Covenants. The Debtors will not seek, consent to, or permit to exist any of the following:
Bankruptcy Covenants. (a) Immediately subsequent to the execution of this Agreement, the Sellers shall file (i) a motion, pursuant to 11 U.S.C. ss.sx. 005, 363, and 365 to approve the sale of the Acquired Assets to the Buyer pursuant to this Agreement (the "Approval Motion"), (ii) a motion (the "Provision Motion") for emergency determination of approval of the Exclusivity Provision (as defined in Section 4.7 hereof), the Overbid Provisions (as defined in Section 4.8 hereof) and the Breakup Fee (as defined in Section 4.9 hereof) provided for in this Agreement, and (iii) a motion (the "DIP Motion") for an order approving and authorizing the Sellers, as borrowers, to enter into a Debtors in Possession Financing Agreement (the "DIP Loan Agreement") with the Buyer as lender, each of such motions in form and substance reasonably acceptable to the Buyer. The Sellers shall use their commercially reasonable efforts to obtain an order approving the Provision Motion (the "Provision Order") within 10 days of the date of this Agreement, and approval of the Approval Motion (the "Approval Order") within 45 days of the date of this Agreement, which orders shall each be in form and substance reasonably acceptable to the Buyer, provided that the Approval Order shall be in a form substantially in conformity with the form of order attached hereto as EXHIBIT C, with only such changes to such orders as shall be agreed to by all of the Parties in writing.
