Common use of Bankruptcy Related Items Clause in Contracts

Bankruptcy Related Items. (i) The Cases of any of the Debtors shall have not been dismissed or converted to cases under Chapter 7 of the Bankruptcy Code. (ii) A motion, in form and substance satisfactory to the Requisite Lenders in their sole discretion, seeking approval of the DIP Facility, shall have been filed on the Petition Date. (iii) Each “first day” order and related pleading that affects any right or duty of the Administrative Agent or any Lender, including the Cash Management Order, shall have been entered by the Bankruptcy Court and be acceptable in form and substance to the Administrative Agent in its reasonable discretion, and all other “first day” orders and related pleadings (including any motion related to cash management or any critical vendor or supplier motion) intended to be entered on or prior to the Interim Order Entry Date shall have been entered by the Bankruptcy Court. (iv) The Debtors shall have made no payments after the Petition Date on account of any Indebtedness arising prior to the Petition Date unless such payment is made (i) in accordance with the Approved Budget, (ii) with the consent of the Requisite Lenders in their reasonable discretion or (iii) pursuant to “first day” orders acceptable to the Requisite Lenders in their sole discretion. (v) No trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code or examiner shall have been appointed in any of the Cases. (vi) The Collateral Agent, for the benefit of the Secured Parties, shall have a valid, perfected and enforceable first priority or superpriority priming, as applicable, lien on the Collateral to the extent set forth in the Interim Order, subject only to the Carve-Out and Liens of the type described in Section 6.2(e), (f) and (j).

Bankruptcy Related Items. (i) The Cases of any of the Debtors shall have not been dismissed or converted to cases under Chapter 7 of the Bankruptcy Code. (ii) A motionDIP Order, in form and substance satisfactory to the Requisite Lenders in their sole discretion, seeking approval (A) shall have been entered on the docket of the Bankruptcy Court no more than three (3) Business Days prior to the Closing Date and (B) shall be in full force and effect and shall not have been vacated or reversed, shall not be subject to a stay or appeal, and shall not have been modified or amended in any respect without the prior written consent of the Administrative Agent and the Requisite Lenders. (ii) The Credit Parties shall be in compliance with the terms of the DIP Facility, shall have been filed on the Petition DateOrder. (iii) Each “first day” order and related pleading that affects any right or duty of the Administrative Agent or any Lender, including the Cash Management Order, shall have been entered by the Bankruptcy Court and be acceptable in form and substance to the Administrative Agent in its reasonable discretion, and all other “first day” orders and related pleadings (including any motion related to cash management or any critical vendor or supplier motion) intended to be entered on or prior to the Interim Order Entry Date shall have been entered by the Bankruptcy Court. (iv) The Debtors shall have made no payments after the DLP Petition Date on account of any Indebtedness arising prior to the Petition Date Date, unless such payment is made (i) in accordance connection with the Approved BudgetClosing Date Refinancing, (ii) with the consent of the Requisite Lenders in their reasonable discretion or (iii) pursuant to “first day” orders entered prior to the Option Exercise Date or otherwise acceptable to the Requisite Lenders in their sole discretion. (viv) No trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code or examiner shall have been appointed in any of the Cases. (viv) The Collateral Agent, for the benefit of the Secured Parties, shall have a valid, perfected and enforceable first priority or superpriority priming, as applicable, lien on the Collateral to the extent set forth in the Interim DIP Order, subject only to the Carve-Out and Liens of the type described in Section 6.2(e), (f) and (jf). (vi) The DIP Order shall have been entered. (vii) The Option Agreement shall have been executed. (viii) An order authorizing and approving the Option Agreement, in form and substance satisfactory to the Requisite Lenders in their sole discretion, (A) shall have been entered on the docket of the Bankruptcy Court no more than three (3) Business Days prior to the Closing Date and (B) shall be in full force and effect and shall not have been vacated, stayed, reversed, overturned, modified or amended in any respect without the written consent of the Administrative Agent and the Requisite Lenders. (ix) The Cases of any of the Debtors shall have not been dismissed or converted to cases under Chapter 7 of the Bankruptcy Code.

Bankruptcy Related Items. (i) The Cases of any of the Debtors shall have not been dismissed or converted to cases under Chapter 7 of the Bankruptcy Code. (ii) A motion, in form and substance reasonably satisfactory to the Requisite Lenders in their sole discretion(and with respect to any provision that affects the rights or duties of any Agent, the Administrative Agent), seeking approval of the DIP Term Facility, shall have been filed on in each of the Cases within one (1) day of the Petition Date. (iii) Each “first day” order and related pleading that affects any right or duty of the Administrative Agent or any Lender, including the Cash Management Order, shall have been entered by the Bankruptcy Court and be acceptable in form and substance to the Administrative Agent in its reasonable discretion, and all other All “first day” orders and all related pleadings (including any motion related to cash management or any critical vendor or supplier motion) intended to be entered on or prior to the Interim Order Entry Date shall have been entered by the Bankruptcy CourtCourt and shall be in form and substance reasonably acceptable to the Requisite Lenders, it being understood that drafts approved by counsel to the Requisite Lenders prior to the Petition Date are acceptable. (iv) The Debtors Borrower shall have made no payments after the Petition Date on account of any Indebtedness arising prior to the Petition Date unless such payment is made (i) in accordance with the Approved Budget, (ii) with the consent of the Requisite Lenders in their reasonable sole discretion or (iiiii) pursuant to “first day” orders reasonably acceptable to the Requisite Lenders in their sole discretionLenders. (v) No trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code or examiner with expanded powers shall have been appointed in any of the Cases. (vi) The Collateral Agent, for the benefit of the Secured Parties, shall have a valid, perfected and enforceable first priority or superpriority priming, as applicable, lien on the Collateral to the extent set forth in the Interim Order, subject only to the Carve-Out and Liens of the type described in Section 6.2(e), (f) and (j).

Bankruptcy Related Items. (i) The Cases of any of the Debtors shall have not been dismissed or converted to cases under Chapter 7 of the Bankruptcy Code. (ii) A motion, in form and substance satisfactory to the Requisite Lenders in their sole discretionand the Administrative Agent, seeking approval of the DIP Term Facility, shall have been filed on in each of the Cases within one (1) day of the Petition Date. (iii) Each “first day” order and related pleading that affects any right or duty of the Administrative Agent or any Lender, including the Cash Management Order, shall have been entered by the Bankruptcy Court and be acceptable in form and substance to the Administrative Agent in its reasonable discretion, and all other All “first day” orders and all related pleadings (including any motion related to cash management or any critical vendor or supplier motion) intended to be entered on or prior to the Interim Order Entry Date shall have been entered by the Bankruptcy CourtCourt and shall be acceptable in form and substance to the Required Lenders, it being understood that drafts approved by counsel to the Required Lenders prior to the Petition Date are acceptable. (iv) The Debtors Borrower shall have made no payments after the Petition Date on account of any Indebtedness arising prior to the Petition Date unless such payment is made (i) in accordance with pursuant to the Approved Budget, Budget or (ii) with the consent of the Requisite Lenders in their reasonable discretion or (iii) pursuant to “first day” orders acceptable to the Requisite Lenders in their sole discretionRequired Lenders. (v) No trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code or examiner (other than a fee examiner) shall have been appointed in any of the Cases. (vi) The Collateral AgentInterim Order Entry Date shall have occurred not later than five (5) calendar days following the Petition Date, for and the benefit Interim Order shall be in full force and effect and shall not have been vacated or reversed, shall not be subject to a stay, and shall not have been modified or amended in any respect without the prior written consent of the Secured PartiesRequired Lenders or the Administrative Agent (with the consent of the Required Lenders), and the Administrative Agent shall have received a valid, perfected and enforceable first priority or superpriority priming, as applicable, lien on the Collateral to the extent set forth in copy of the Interim Order, subject only to Order entered by the Carve-Out and Liens of the type described in Section 6.2(e), (f) and (j)Bankruptcy Court.