Chapter 11 Case. The occurrence of any of the following in any Chapter 11 Case:
Chapter 11 Case. Seek, consent or suffer to exist or permit any of their Subsidiaries to seek, consent or suffer to exist (i) any modification, stay, vacation or amendment to the Orders; (ii) a priority claim for any administrative expense or unsecured claim against any Loan Party (now existing or hereafter arising of any kind or nature whatsoever, including, without limitation, any administrative expense of any kind specified in Section 503(b) or 507(b) of the Bankruptcy Code or, from and after the entry of the Final Order, Section 506(c) of the Bankruptcy Code) equal to or superior to the priority claim of the DIP Lender in respect to the Obligations, other than the Carve Out; and (iii) any Lien on any Collateral having a priority equal or superior to the Liens in favor of the DIP Lender in respect of the Obligations, other than such liens as set forth on Schedule A-1 hereto.
Chapter 11 Case. The Loan Parties shall not:
Chapter 11 Case. No trustee, examiner or receiver shall have been appointed or designated in the Chapter 11 Case with respect to the Borrower’s operations, properties or assets and no motion shall be pending seeking any relief or seeking any other relief in the Bankruptcy Court to exercise control over any of the DIP Collateral with an aggregate value in excess of $250,000.
Chapter 11 Case. In connection with the transactions contemplated by this Agreement, the Seller shall, within two 2 Business Days of the date hereof file with the U.S. Bankruptcy Court the petition necessary to commence the Chapter 11 Case.
Chapter 11 Case. Promptly, but in no event later than one (1) Business Day after the same is available, deliver to the Lender all pleadings, motions, applications, judicial information, financial information, and other documents filed by or on behalf of any Loan Party with the Bankruptcy Court.
Chapter 11 Case. The Borrower shall immediately provide to counsel to the Lender copies of all pleadings, notices, orders, agreements, and all other documents served, filed or entered, as the case may be, in connection with, or in relation to, the Case.
Chapter 11 Case. The Chapter 11 Case shall have been commenced and all of the “first day orders” and all related pleadings to be entered at the time of commencement of the Chapter 11 Case or shortly thereafter shall have been provided in advance to the Agent and the Lenders and shall be in form, scope and substance satisfactory to the Agent.
Chapter 11 Case. The Chapter 11 Case was commenced on the Petition Date in accordance with applicable law and proper notice thereof and the hearings for the approval of the Final Borrowing Order has been given as identified in the respective Certificates of Service filed with the Bankruptcy Court and, without limiting the foregoing, has been given to third-party creditors to the extent required by applicable law. Borrower constitutes the only debtor and debtor-in-possession subject to the Chapter 11 Case.
