BANKRUPTCY RELATED PROVISIONS. (a) The parties hereby agree and intend that this Agreement is an executory contract governed by Section 365 of the Bankruptcy Code.
BANKRUPTCY RELATED PROVISIONS. (a) Without limiting the generality of any provision of this Mortgage, if a proceeding under Chapter 11 of Title 11 of the United States Code (as amended, the “Bankruptcy Code”) is commenced by or against Mortgagor, then, pursuant to Section 552(b)(2) of said Bankruptcy Code, the security interest granted by this Mortgage shall automatically extend to all Rents acquired by Mortgagor after the commencement of the case and such Rents shall constitute cash collateral under Section 363(a) of said Bankruptcy Code.
BANKRUPTCY RELATED PROVISIONS. (a) The Corporation hereby warrants and represents that it does not intend, by executing and delivering this Agreement or any other document contemplated herein, or by entering into any of the other transactions referred to in this Agreement, does so without the intent to hinder, delay or defraud any person or entity to whom the Corporation is indebted or shall become indebted. The Corporation further represents that it is entering into this Agreement to enable the Corporation to secure financing for the Corporation. If the Corporation is unable to obtain financing for its ongoing business even after entering into this Agreement, then the Parties acknowledge that bankruptcy may be an alternative for the Corporation, and nothing herein shall be deemed to prevent the board of directors of the Corporation from exercising its discretion to act in the best interests of the Corporation, which could include filing a voluntary insolvency, bankruptcy or similar proceeding.
BANKRUPTCY RELATED PROVISIONS. (a) The parties hereby agree and intend that this Agreement is an executory contract governed by Section 365 of the Bankruptcy Code and that the rights granted hereunder by TPR to Publisher are a license to intellectual property governed by Section 365(n).
BANKRUPTCY RELATED PROVISIONS. (a) Tenant filed a voluntary petition for relief (the “Bankruptcy”) under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”), in the U.S. Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), and, as of the date hereof, Tenant continues to operate its business as a debtor in possession pursuant to Sections 1107(a) and 1108 of the Bankruptcy Code. The terms of this Amendment shall be effective upon the earlier of (i) Bankruptcy Court approval of this Amendment and (ii) the date of full execution of this Amendment by Landlord and Tenant (“Modification Effective Date”), provided that it shall be a condition subsequent to the effectiveness of this Amendment that the Bankruptcy Court enter an order (the “Approval Order”) (which may be included in the order confirming Tenant’s filed plan of reorganization (the “Plan”)) approving assumption of the Lease as amended by this Amendment, which Approval Order has become final and non-appealable.
BANKRUPTCY RELATED PROVISIONS. (a) Pre-Petition Waiver of Automatic Stay. CTC hereby acknowledges and agrees that in the event it becomes the subject of a bankruptcy, insolvency, liquidation or similar proceeding affecting the rights of creditors under State or Federal law that it shall waive and shall not assert or seek any automatic stay (including a stay imposed by operation of 11 U.S.C. Sections 105, 362 or 366), injunction or similar bar on BA exercising its rights or remedies available to it under any of the Resale Agreements, this Amendment, applicable BA tariffs or applicable law, including terminating any of the Resale Agreements and/or this Amendment, terminating or curtailing service to CTC or CTC's customers, transferring such customers to a new service provider, terminating any license, possessory interest or lease arrangement or agreement with CTC, or repossessing any property owned by BA.
BANKRUPTCY RELATED PROVISIONS. Without limiting the generality of any provision of this Assignment, if a proceeding under the Bankruptcy Code (as defined in the Mortgage) is commenced by or against the Assignor, then, pursuant to Section 552(b)(2) of the Bankruptcy Code, the security interest granted by this Assignment shall automatically extend to all Rents acquired by the Assignor after the commencement of the case and such Rents shall constitute cash collateral under Section 363(a) of the Bankruptcy Code. During the continuance of any Event of Default, the Assignee shall have the right to file, in its own name or on behalf of the Assignor, any proof of claim in any bankruptcy or insolvency proceeding in which the debtor is a lessee under a Lease or a guarantor thereof.
BANKRUPTCY RELATED PROVISIONS
