Common use of Certain Orders Clause in Contracts

Certain Orders. (i) [Reserved]; or (ii) an order of the Bankruptcy Court shall be entered reversing, amending, supplementing, staying for a period of five days or more, vacating or otherwise amending, supplementing or modifying the Final Order or the New DIP Order (other than, in the case of the Final Order, as provided for in the New DIP Order), or the Borrower or any Subsidiary of the Borrower shall apply for authority to do so, without the prior written consent of the Agent or the Required Lenders, and such order is not reversed or vacated within 5 days after the entry thereof; or (iii) an order of the Bankruptcy Court shall be entered denying or terminating use of Cash Collateral by the Loan Parties; or (iv) the Final Order or the New DIP Order shall cease to create a valid and perfected Lien on the Collateral (to the extent provided for therein) or to be in full force and effect; or (v) any of the Loan Parties or any Subsidiary of the Borrower shall fail to comply with the Orders; or (vi) a final non-appealable order in the Cases shall be entered charging any of the Collateral under Section 506(c) of the Bankruptcy Code against the Lenders or the commencement of other actions that is materially adverse to the Agent, the Collateral Agent or the Lenders or their respective rights and remedies under the Facilities in any of the Cases or inconsistent with any of the Loan Documents; or (vii) the Bankruptcy Court shall not have entered an order approving the Disclosure Statement on or prior to June 30, 2013. (viii) the Bankruptcy Court shall not have entered an order confirming an Acceptable Reorganization Plan on or prior to September 15, 2013.

Certain Orders. (i) [Reserved]; or (ii) an order of the Bankruptcy Court shall be entered reversing, amending, supplementing, staying for a period of five days or morestaying, vacating or otherwise amending, supplementing or modifying the Final Interim Order or the New DIP Order (other than, in the case of the Final Order, as provided for in the New DIP Order), or the Borrower or any Subsidiary of the Borrower Credit Party shall apply for the authority to do soso except to the extent such application shall have been withdrawn, in each case without the prior written consent of the Agent or Required Lenders (which written consent may be provided via email, including by counsel to the Required Lenders, and such order is not reversed or vacated within 5 days after the entry thereof; or); (iiiii) an order of the Bankruptcy Court shall be entered denying or terminating use of Cash Collateral by the Loan Parties; or Interim Order (iv) prior to the Final Order Entry Date) or the New DIP Final Order (on and after the Final Order Entry Date) shall cease to create a valid and perfected Lien on the Collateral (to the extent provided for therein) or to be in full force and effect, shall have been reversed, modified, amended, stayed, vacated, or subject to stay pending appeal, in the case of modification or amendment, without prior written consent of the Required Lenders (which written consent may be provided via email, including by counsel to the Lenders); (iii) an order shall have been entered by the Bankruptcy Court avoiding or requiring disgorgement by the Administrative Agent or any of the Lenders of any amounts received in respect of the Loan Obligations; (iv) any Credit Party shall fail to comply with the Interim Order (prior to the Final Order Entry Date) or the Final Order (on and after the Final Order Entry Date) or the Severance Approval Order (after the Final Order Entry Date); or (v) any of the Loan Parties or any Subsidiary of the Borrower shall fail to comply with the Orders; or (vi) a final non-appealable an order in the Cases shall be entered charging any of the Collateral under Section 506(c) of the Bankruptcy Code against the Lenders or the Pre-Petition Holders, or commencement of other actions that is materially adverse to (A) the Administrative Agent, the Collateral Agent or the Lenders or their respective rights and remedies under the Facilities DIP Facility in any of the Cases or inconsistent with any of the Loan Documents; or Documents or (viiB) the Bankruptcy Court shall not have entered an order approving Pre-Petition Holders or their respective rights and remedies under the Disclosure Statement on Pre-Petition Notes in the Cases or prior to June 30, 2013. (viii) inconsistent with any of the Bankruptcy Court shall not have entered an order confirming an Acceptable Reorganization Plan on or prior to September 15, 2013.documents governing the Pre-Petition Notes;

Certain Orders. (i) [Reserved]The Final Order Entry Date shall not have occurred by the date that is 30 days (or, if entry of the Final Order is delayed by any requirements as a result of an evidentiary hearing or similar hearing or process associated with objections being made to entry of the Interim Order or the Final Order, 45 days) following the Interim Order Entry Date; or (ii) an order of the Bankruptcy Court shall be entered reversing, amending, supplementing, staying for a period of five days or more, vacating or otherwise amending, supplementing or modifying the Final Interim Order or the New DIP Order (other than, in the case of the Final Order, as provided for in or any of the New DIP Order), or the Borrower Borrowers or any Subsidiary of the Borrower Company shall apply for authority to do so, without the prior written consent of the Agent or the Required Lenders, and such order is not reversed or vacated within 5 days after the entry thereof; or (iii) an order of the Bankruptcy Court shall be entered denying or terminating use of Cash Collateral by the Loan Parties; or (iv) the Final Interim Order or the New DIP Final Order shall cease to create a valid and perfected Lien on the Collateral (to the extent provided for therein) or to be in full force and effect; or (v) any of the Loan Parties or any Subsidiary of the Borrower Company shall fail to comply with the Orders; or (vi) a final non-appealable order in the Cases shall be entered charging any of the Collateral under Section 506(c) of the Bankruptcy Code against the Lenders or the commencement of other actions that is materially adverse to the Agent, the Collateral Agent or the Lenders or their respective rights and remedies under the Facilities in any of the Cases or inconsistent with any of the Loan Documents; or (vii) the Bankruptcy Court shall not have entered an order approving the Disclosure Statement on or prior to June 30, 2013. (viii) the Bankruptcy Court shall not have entered an order confirming an Acceptable Reorganization Plan on or prior to September 15, 2013.

Certain Orders. (i) [Reserved]; or (ii) an order of the Bankruptcy Court shall be entered reversing, amending, supplementing, staying for a period of five days or more, vacating or otherwise amending, supplementing or modifying the Final Order or the New DIP Order (other than, in the case of the Final Order, as provided for in the New DIP Order), or the Borrower or any Subsidiary of the Borrower shall apply for authority to do so, without the prior written consent of the Agent or the Required Lenders, and such order is not reversed or vacated within 5 days after the entry thereof; or (iii) an order of the Bankruptcy Court shall be entered denying or terminating use of Cash Collateral by the Loan Parties; or (iv) the Final Order or the New DIP Order shall cease to create a valid and perfected Lien on the Collateral (to the extent provided for therein) or to be in full force and effect; or (v) any of the Loan Parties or any Subsidiary of the Borrower shall fail to comply with the Orders; or (vi) a final non-appealable order in the Cases shall be entered charging any of the Collateral under Section 506(c) of the Bankruptcy Code against the Lenders or the commencement of other actions that is materially adverse to the Agent, the Collateral Agent or the Lenders or their respective rights and remedies under the Facilities in any of the Cases or inconsistent with any of the Loan Documents; or (vii) the Bankruptcy Court shall not have entered an order approving the Disclosure Statement confirming an Acceptable Plan of Reorganization on or prior to June 30July 31, 2013. (viii) the Bankruptcy Court shall not have entered an order confirming an Acceptable Reorganization Plan on or prior to September 15, 2013.