Bankruptcy Financing Issues. (a) This Agreement shall continue in full force and effect after the filing of any petition ("Petition") by or against the Company under the Code and all converted or succeeding cases in respect thereof. All references herein to the Company shall be deemed to apply to the Company as debtor-in-possession and to a trustee for the Company. If the Company shall become subject to a proceeding under the Code, and if Briar shall desire to permit the use of cash collateral or to provide post-Petition financing from Briar to the Company under the Code, Subordinated Lender agrees as follows: (1) adequate notice to Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if Subordinated Lender receive notice thereof three (3) Business Days (or such shorter notice as is given to Briar) prior to the earlier of (a) any hearing on a request to approve such post-petition financing or (b) the date of entry of an order approving same, and (2) no objection will be raised by Subordinated Lender to any such use of cash collateral or such post-Petition financing from Briar.
(b) Subordinated Lender shall not join in, solicit any other person to, or act to cause the commencement of, any case involving the Company under any state or federal bankruptcy or insolvency laws or seek the appointment of a receiver for the affairs or property of the Company until such time as the Briar Obligations shall have been paid in full in cash and the Briar Agreements shall have been irrevocably terminated.
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition for relief by or against Borrower under the United States Bankruptcy Code (the “Code”) and all converted or succeeding cases in respect thereof (all references herein to Borrower being deemed to apply to Borrower as debtor-in-possession and to a trustee for Borrower), and shall apply with full force and effect with respect to all Collateral acquired by Borrower, and to all Senior Debt and Subordinated Debt incurred by Borrower, subsequent to such filing. If Borrower shall become subject to a proceeding under the Code, and if the Senior Lender shall desire to permit the use of cash collateral by Borrower or to provide post-petition financing from the Senior Lender to Borrower, each Subordinated Lender agrees as follows: (a) no notice need be provided to any respective Subordinated Lender for such use of cash collateral or such post-petition financing; and (b) no objection will be raised by the Subordinated Lenders to any such use of cash collateral or such post-petition financing from the Senior Lender. No objection will be raised by the Subordinated Lenders to the Senior Lender’s motion for relief from automatic stay in any such proceeding to foreclose on, sell or otherwise realize upon the Collateral. In case of any assignment by Borrower for the benefit of creditors, and in case of the appointment of any receiver for Borrower or Borrower’s business or assets, and in case of any dissolution or other winding up of the affairs of Borrower, or of Borrower’s business, and in all such cases respectively, the officer of Borrower and any assignee, trustee in bankruptcy, receiver, and other person or persons in charge, are hereby directed to pay to Senior Lender the full amount of Senior Lender’s claims against Borrower before making any payment to any Subordinated Lender, and so far as may be necessary for that purpose, the Subordinated Lenders hereby transfer and assign to Senior Lender all their rights to any payment or distribution which might otherwise be coming to it. Senior Lender is hereby irrevocably constituted and appointed the attorney-in-fact of the Subordinated Lenders to file any and all proofs of claim and any other documents and to take all other action, either in the name of Senior Lender or any Subordinated Lender, which in the opinion of Senior Lender is necessary or desirable to enable Senior Lender to obtain all such payments.
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition (“Petition”) by or against Company under the United States Bankruptcy Code (the “Code”) and all converted or succeeding cases in respect thereof. All references herein to Company shall be deemed to apply to Company as debtor-in-possession and to a trustee for Company. If Company shall become subject to a proceeding under the Code, and if Bank shall desire to permit the use of cash collateral or to provide post-Petition financing from Bank to Company under the Code, Subordinated Lender agrees as follows: (1) adequate notice to Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if Subordinated Lender receives notice thereof three (3) Business Days (or such shorter notice as is given to Bank) prior to the earlier of (a) any hearing on a request to approve such post-Petition financing or (b) the date of entry of an order approving same and (2) no objection will be raised by Subordinated Lender to any such use of cash collateral or such post-Petition financing from Bank.
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition for relief by or against Debtor under the Bankruptcy Code and all converted or succeeding cases in respect thereof (all references herein to the Debtor being deemed to apply to Debtor as debtor-in-possession and to a trustee for the Debtor), and shall apply with full force and effect with respect to all Senior Creditor Collateral acquired by the Debtor, and to all Senior Creditor Indebtedness and Junior Creditor Indebtedness incurred by the Debtor, subsequent to such filing. If Debtor shall become subject to a Proceeding, and if Senior Creditor shall desire to permit the use of cash collateral by Debtor or to provide post-petition financing from Senior Creditor to Debtor, Junior Creditor agrees as follows:
(a) adequate notice to Junior Creditor shall be deemed to have been provided for such use of cash collateral or such post-petition financing if Junior Creditor receives notice thereof at least three (3) business days prior to the earlier of (i) any hearing on a request to approve such use of cash collateral or such post-petition financing or (ii) the date of entry of an order approving the same; and (b) no objection will be raised by Junior Creditor to any such use of cash collateral or such post-petition financing from Senior Creditor on the grounds of a failure to provide adequate protection or other similar grounds. No objection will be raised by Junior Creditor to Senior Creditor's motion for relief from the automatic stay in any such proceeding to foreclose on, sell or otherwise realize upon the Senior Creditor Collateral.
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition ("Petition") by or against the Company under the United States Bankruptcy Code (the "Code") and all converted or succeeding cases in respect thereof. All references herein to the Company shall be deemed to apply to the Company as debtor-in-possession and to a trustee for the Company. If the Company shall become subject to a proceeding under the Code, and if the Lender shall desire to permit the use of cash collateral or to provide post-petition financing from the Lender to the Company under the Code, Agent and Trustee agree no objection will be raised by Agent or Trustee to any such use of cash collateral or such post-petition financing from Lender on the grounds of a failure to provide adequate protection for Agent's or Trustee's junior Lien, provided that (i) Lender is not seeking a lien on any Collateral which does not constitute Lender Collateral,)
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition ("Petition") by or against the Company under the United States Bankruptcy Code (the "Code") and all converted or succeeding cases in respect thereof. All references herein to the Company shall be deemed to apply to the Company as debtor-in-possession and to a trustee for the Company. If the Company shall become subject to a proceeding under the Code, and if the Lender shall desire to permit the use of cash collateral or to provide post-petition financing from the Lender to the Company under the Code, Agent and Trustee agree as follows:
(1) adequate notice to Agent and Trustee shall be deemed to have been provided for such post-petition financing if Agent and Trustee receives notice thereof at least three (3) Business Days (or such shorter notice as is given to Agent) prior to the earlier of (a) any hearing on a request to approve such post- petition financing, or (b) the date of entry of an order approving the same; and (2) no objection will be raised by Agent or Trustee to any such use of cash collateral or such post-petition financing from Lender on the grounds of a failure to provide adequate protection for Agent's or Trustee's junior Lien, provided that Agent and Trustee are granted a junior Lien on the post-petition Collateral (with Agent's junior lien having priority over Trustee's junior lien).
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition by or against Company under the United States Bankruptcy Code (an "Insolvency Event") and all converted or succeeding cases in respect thereof. All references herein to Company shall be deemed to apply to Company as debtor-in-possession and to a trustee for Company. Notwithstanding anything contained herein to the contrary, upon the occurrence of an Insolvency Event, the Purchaser may file claims and proofs of claim in any statutory or non-statutory proceeding and take such other actions, in its own name as Purchaser may deem necessary or advisable.
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition by or against the Company under the United States Bankruptcy Code and all converted or succeeding cases in respect thereof.
Bankruptcy Financing Issues. This Agreement shall continue in full force and effect after the filing of any petition ("Petition") by or against any or all of the Companies
(1) adequate notice to the MidMark Creditors shall be deemed to have been provided for such post-petition financing if MidMark (as agent for the MidMark Creditors) receives notice thereof at least three (3) Business Days (or such shorter notice as is given to Laurus) prior to the earlier of (a) any hearing on a request to approve such post-petition financing or (b) the date of entry of an order approving the same; and (2) no objection will be raised by any MidMark Creditor to any such use of cash collateral or such post-petition financing from Laurus.
Bankruptcy Financing Issues. If Borrower shall become subject to a proceeding under the Bankruptcy Code and if Fremont shall desire to permit the use of Collateral or to provide financing to Borrower under either Section 363 or Section 364 of the Bankruptcy Code, Creditor agrees as follows: (i) adequate notice to Creditor shall have been provided for such financing if Creditor receives notice one (1) business day prior to the entry of the order approving such financing; and (ii) no objection will be raised by Creditor to any such financing on the ground of a failure to provide adequate protection for Creditor's lien position in the Collateral. For purposes of this paragraph, notice of a proposed financing or use of cash Collateral shall be deemed given upon the giving of notice by telegram, telecopy or hand-delivery to Creditor, at the address and location indicated in Paragraph 11. This Subordination Agreement shall be applicable both before and after the filing of any petition by or against Borrower under the Bankruptcy Code and all references herein to Borrower shall be deemed to apply to a trustee for Borrower and to Borrower as debtor-in-possession.
