Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, neither Borrower nor Operating Lessee shall seek substantive consolidation into the bankrupt estate of any Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
(a) To the extent permitted by applicable Legal Requirements, neither Borrower nor Operating Lessee shall, nor shall Borrower or Operating Lessee cause or permit any Mezzanine Borrower, any Guarantor, any other, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving any Guarantor.
(b) To the extent permitted by applicable Legal Requirements, neither Borrower nor Operating Lessee shall, and shall not cause or permit Mezzanine Borrower or any Guarantor, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any Guarantor or any Affiliate of any Guarantor, any debtor-in-possession financing on behalf of any Guarantor in the event that any Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, Borrower shall not seek substantive consolidation into the bankrupt estate of any Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
(a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall Borrower cause or permit Approved Mezzanine Borrower, Guarantor, any other Loan Party, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving any Guarantor.
(b) To the extent permitted by applicable Legal Requirements, Borrower shall not, and shall not cause or permit any Approved Mezzanine Borrower, any Guarantor, or any other Loan Party or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any Guarantor or any Affiliate of any Guarantor, any debtor-in-possession financing on behalf of any Guarantor in the event that any Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall seek substantive consolidation into the bankrupt estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (or similar law permitting a debtor to obtain a stay or a compromise of the claims of its creditors against it) involving Guarantor.
(b) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall seek substantive consolidation into the bankrupt estate of Indemnitor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (or similar law permitting a debtor to obtain a stay or a compromise of the claims of its creditors against it) involving Indemnitor.
(c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operating Lessee or any other Loan Party cause or permit Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Borrower, Operating Lessee or any other Loan Party.
(d) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operataing Lessee or any other Loan Party cause or permit Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from Guarantor, Indemnitor or any Affiliate of Guarantor and/or Indemnitor, or any other Restricted Party, any debtor-in-possession financing on behalf of Guarantor and/or Indemnitor in the event that Guarantor and/or Indemnitor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (or similar law permitting a debtor to obtain a stay or a compromise of the claims of its creditors against it) involving Guarantor and/or Indemnitor.
Bankruptcy Related Covenants. (a) To the extent permitted by applicable law and not inconsistent with Borrower’s discharge of compliance with its fiduciary duty, as advised by counsel, Borrower shall not, nor shall Borrower cause or permit any Significant Party, Sponsor or Affiliated Manager, or any Related Party (as defined in the Guaranty) of any Significant Party, Sponsor or Affiliated Manager, to, seek substantive consolidation in connection with a proceeding under the Bankruptcy Code or any other Creditors’ Rights Laws of any Loan Party (other than the substantive consolidation of an Affiliated Manager with any other Person which is not a Loan Party).
(b) To the extent permitted by applicable law and not inconsistent with Borrower’s discharge of compliance with its fiduciary duty, as advised by counsel, Borrower shall not, nor shall Borrower cause or permit any Loan Party or any Related Party (as defined in the Guaranty) of a Loan Party to, provide, originate, acquire an interest in or solicit (in writing) or accept from Sponsor, any Related Party (as defined in the Guaranty) of Sponsor or any other Loan Party any debtor-in-possession financing on behalf of a Loan Party in the event that such Loan Party is the subject of a proceeding under the Bankruptcy Code or under any other Creditors’ Rights Laws (other than debtor-in-possession financing provided to or on behalf of an Affiliated Manager by a Person which is not a Loan Party in such a proceeding of such Affiliated Manager which involves no other Loan Party).
Bankruptcy Related Covenants. To the extent permitted by applicable law, Borrower shall not, nor shall Borrower cause Mortgage Borrower or Mezzanine A Borrower to, seek substantive consolidation of Borrower, Mezzanine A Borrower or Mortgage Borrower into the bankruptcy estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Guarantor.
Bankruptcy Related Covenants. To the extent permitted by applicable law, Borrower shall not, nor shall Borrower cause Mortgage Borrower or any Mortgage SPE Component Entity to, seek substantive consolidation of Borrower, Mortgage Borrower or any Mortgage SPE Component Entity into the bankruptcy estate of Guarantor or Sponsor in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Guarantor or Sponsor.
Bankruptcy Related Covenants. (a) If the Chapter 11 Cases have been filed, the Borrower shall ensure that, (A) on or before the tenth (10th) calendar date after the Petition Date, the Bankruptcy Court enters, upon motion in form and substance reasonably satisfactory to the Administrative Agent (the “Approval Motion”), on such prior notice as may be reasonably satisfactory to the Administrative Agent, an interim order in the form attached hereto as Exhibit L without any modification in any manner that is materially adverse to the rights or interests of any or all of the Administrative Agent and the Lenders, as determined in good faith by the Administrative Agent (it being understood and agreed that any modification to the priority of the administrative claims set forth in the Interim Approval Order shall be deemed to be a modification that is materially adverse to the rights and interests of the Administrative Agent and the Lenders for purposes hereof) (as amended or modified to the extent permitted under this Section 6.18, the “Interim Approval Order”); (B) the Interim Approval Order shall remain in full force and effect and shall not be stayed, reversed or vacated, or, without the prior written consent of the Administrative Agent and the Required Lenders, otherwise amended or modified in any manner that is materially adverse to the rights or interests of any or all of the Administrative Agent and the Lenders (as determined in good faith by the Administrative Agent); and (C) the Bankruptcy Court shall not enter any order (including any order approving any debtor-in-possession financing or cash collateral arrangement) that conflicts with or is inconsistent with any of the provisions of the Interim Approval Order in any material respect.
(b) The Borrower shall ensure that, no later than 3 Business Days after the failure of the Borrower to obtain the necessary consent for the Exchange Offer (but in any event not later than 50 days after the Execution Date), Holdings and its Subsidiaries that are Debtors shall (i) commence the Chapter 11 Cases and (ii) file one or more motions, in form and substance reasonably satisfactory to the Administrative Agent for confirmation of the Reorganization Plan, approval of the related disclosure statement and solicitation procedures, approval of the Rights Offering and Rights Offering solicitation procedures, approval of other matters relating to confirmation of the Reorganization Plan and scheduling of a combined confirmation and disclosure statement hear...
Bankruptcy Related Covenants. Section 5.05 of the Loan Agreement is hereby amended by amending and restating clauses (e) through (h) thereof in their entirety to read as follows:
Bankruptcy Related Covenants. (a) [Intentionally Omitted].
Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Senior Borrower to not, seek substantive consolidation of Borrower or Senior Borrower into the bankruptcy estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving Guarantor.
(a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Senior Borrower to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Guarantor.
(b) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Senior Borrower to, provide, originate, acquire an interest in or solicit (in writing) or accept from Guarantor or any Affiliate of Guarantor, or Borrower Affiliate, any debtor-in-possession financing on behalf of Guarantor in the event that Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving Guarantor.
