Common use of Bankruptcy Financing Issues Clause in Contracts

Bankruptcy Financing Issues. The Subordinated Note shall continue in full force and effect after the filing of any petition (“Petition”) by or against Maker under the Bankruptcy Code and all converted or succeeding cases in respect thereof. All references herein to Maker shall be deemed to apply to Maker as debtor-in-possession and to a trustee for Maker. If Maker shall become subject to a proceeding under the Bankruptcy Code, and if any Senior Creditors shall desire to permit the use of cash collateral or to provide post-Petition financing from such Senior Creditors to Maker under the Bankruptcy Code, the Subordinated Lender agrees as follows: (a) adequate notice to Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if the Subordinated Lender receives notice thereof three (3) Business Days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereof) prior to the earlier of (i) any hearing on a request to approve such post-petition financing or (ii) the date of entry of an order approving same and (b) no objection will be raised by the Subordinated Lender to any such use of cash collateral or such post-Petition financing from such Senior Creditors.

Bankruptcy Financing Issues. The Subordinated Note (a) This Agreement shall continue in full force and effect after the filing of any petition (“Petition”) by or against Maker any Loan Party under the United States Bankruptcy Code (the “Code”) and all converted or succeeding cases in respect thereof. All references herein to Maker any Loan Party shall be deemed to apply to Maker such Loan Party as debtor-in-possession and to a trustee for Makersuch Loan Party. If Maker any Loan Party shall become subject to a proceeding under the Bankruptcy Code, and if Agent or any Senior Creditors Lender shall desire to permit the use of cash collateral or to provide post-Petition financing from such Senior Creditors Agent or any Lender to Maker any Loan Party under the Bankruptcy Code, the Subordinated Lender agrees agree as follows: (a1) adequate notice to Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if the Subordinated Lender receives notice thereof three (3) Business Days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereofAgent and/or Lenders) prior to the earlier of (ia) any hearing on a request to approve such post-petition Petition financing or (iib) the date of entry of an order approving same and (b2) no objection will be raised by the Subordinated Lender to any such use of cash collateral or such post-Petition financing from such Senior CreditorsAgent or any Lender.

Bankruptcy Financing Issues. The Subordinated Note (i) (i) This Agreement shall continue in full force and effect after the filing of any petition (“"Petition”") by or against Maker any Company under the United States Bankruptcy Code (the "Code") and all converted or succeeding cases in respect thereof. All references herein to Maker a Company shall be deemed to apply to Maker such Company as debtor-in-possession and to a trustee for Makersuch Company. If Maker any Company shall become subject to a proceeding under the Bankruptcy Code, and if any Senior Creditors Lender shall desire to permit the use of cash collateral or to provide post-Petition financing from Senior Lender to such Senior Creditors to Maker Company under the Bankruptcy Code, the each Subordinated Lender agrees as follows: (a1) adequate notice to such Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if the such Subordinated Lender receives notice thereof three (3) Business Days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereofLender) prior to the earlier of (ia) any hearing on a request to approve such post-petition Petition financing or (iib) the date of entry of an order approving same and (b2) no objection will be raised by the such Subordinated Lender to any such use of cash collateral or such post-Petition financing from such Senior CreditorsLender.

Bankruptcy Financing Issues. The Subordinated Note (a) This Agreement shall continue in full force and effect after the filing of any petition (each, a “Petition”) by or against Maker any Credit Party under the United States Bankruptcy Code (the “Code”) and all converted or succeeding cases in respect thereofthereof or any other insolvency or reorganization proceeding. All references herein to Maker any Credit Party shall be deemed to apply to Maker such Credit Party as debtor-in-possession and to a trustee for Makersuch Credit Party. If Maker any Credit Party shall become subject to a proceeding under the Bankruptcy CodeCode or any other insolvency or reorganization proceeding (each, an “Insolvency Proceeding”), and if any Senior Creditors Agent and/or Lenders shall desire to permit the use of cash collateral or to provide post-Petition petition financing from Agent and/or Lenders to such Senior Creditors to Maker Credit Party under the Bankruptcy Code, the Subordinated Lender Lienholder agrees as follows: (a1) adequate notice to Subordinated Lender Lienholder shall be deemed to have been provided for such consent or post-Petition petition financing if the Subordinated Lender Lienholder receives notice thereof at least three (3) Business Days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereofAgent) prior to the earlier of (i) any hearing on a request to approve such post-petition financing or (ii) the date of entry of an order approving same the same; and (b2) no objection will be raised by the Subordinated Lender to Lienholder to, and it will not contest (or support any Person in contesting) any such use of cash collateral or such post-Petition petition financing from such Senior CreditorsAgent and/or Lenders.

Bankruptcy Financing Issues. The Subordinated Note (i) (i) This Agreement shall continue in full force and effect after the filing of any petition (“"Petition”") by or against Maker Company under the United States Bankruptcy Code (the "Code") and all converted or succeeding cases in respect thereof. All references herein to Maker Company shall be deemed to apply to Maker Company as debtor-in-possession and to a trustee for MakerCompany. If Maker Company shall become subject to a proceeding under the Bankruptcy Code, and if any Senior Creditors Lender shall desire to permit the use of cash collateral or to provide post-Petition financing from such Senior Creditors Lender to Maker Company under the Bankruptcy Code, the Subordinated Lender agrees as follows: (a1) adequate notice to Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if the Subordinated Lender receives notice thereof three (3) Business Days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereofLender) prior to the earlier of (ia) any hearing on a request to approve such post-petition financing or (iib) the date of entry of an order approving same and (b2) no objection will be raised by the Subordinated Lender to (a) any such use of cash collateral or such post-Petition financing from Senior Lender and (b) Senior Lender declaring a default and/or exercising all of its rights and remedies in accordance with any agreement evidencing such post-Petition financing from Senior CreditorsLender.

Bankruptcy Financing Issues. The Subordinated Note (i) This Agreement shall continue in full force and effect after the filing of any petition (“"Petition”") by or against Maker Company under the United States Bankruptcy Code (the "Code") and all converted or succeeding cases in respect thereof. All references herein to Maker Company shall be deemed to apply to Maker Company as debtor-in-possession and to a trustee for MakerCompany. If Maker Company shall become subject to a proceeding under the Bankruptcy Code, and if any Senior Creditors Lender shall desire to permit the use of cash collateral or to provide post-Petition financing from such Senior Creditors Lender to Maker Company under the Bankruptcy Code, the Subordinated Lender agrees as follows: (a1) adequate notice to Subordinated Lender shall be deemed to have been provided for such consent or post-Petition financing if the Subordinated Lender receives notice thereof three (3) Business Days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereofLender) prior to the earlier of (ia) any hearing on a request to approve such post-petition financing or (iib) the date of entry of an order approving same and (b2) no objection will be raised by the Subordinated Lender to (a) any such use of cash collateral or such post-Petition financing from Senior Lender and (b) Senior Lender declaring a default and/or exercising any of its rights and remedies under any agreement evidencing such post-Petition financing from Senior CreditorsLender.

Bankruptcy Financing Issues. The Subordinated Note This Agreement shall continue in full force and effect after the filing of any petition (“Petition”) by or against Maker Company under the Bankruptcy Code and all converted or succeeding cases in respect thereof. All references herein to Maker Company shall be deemed to apply to Maker Company as debtor-in-possession and to a trustee for MakerCompany. If Maker Company shall become subject to a proceeding under the Bankruptcy Code, and if any Senior Creditors Lender shall desire to permit the use of cash collateral or to provide post-Petition financing financing, including debtor-in-possession financing, from such Senior Creditors Lender to Maker Company under the Bankruptcy Code, the Subordinated Lender agrees Lenders agree as follows: (a1) adequate notice to the Subordinated Lender Lenders shall be deemed to have been provided for such consent or post-Petition financing financing, including debtor-in-possession financing, if the Subordinated Lender receives notice thereof three (3) Business Days business days (or such shorter notice as is given to the Senior Creditors or the Senior Representatives thereofLender) prior to the earlier of (ia) any hearing on a request to approve such post-petition financing or (iib) the date of entry of an order approving same and (b2) no objection will be raised by the Subordinated Lender Lenders to any such use of cash collateral or such post-Petition financing financing, including debtor-in-possession financing, from such Senior CreditorsLender. Subordinated Lxxxxx agrees that it will not assist any other party in providing post-Petition financing, including debtor-in-possession financing, if the Senior Lender desires to provide post-Petition financing, including debtor-in-possession financing.