Conditions Precedent to Confirmation. The following are conditions precedent to confirmation of the Plan:
(a) The Clerk of the Bankruptcy Court shall have entered an order or orders (i) approving the Disclosure Statement as containing “adequate information” pursuant to section 1125 of the Bankruptcy Code, (ii) authorizing the solicitation of votes with respect to the Plan, (iii) determining that all votes are binding and have been properly tabulated as acceptances or rejections of the Plan, (iv) confirming and giving effect to the terms and provisions of the Plan, (v) determining that all applicable tests, standards and burdens in connection with the Plan have been duly satisfied and met by the Debtors and the Plan, (vi) approving the Plan Documents, (vii) the Confirmation Order consistent with the Plan Support Agreement and (viii) authorizing the Debtors to execute, enter into, and deliver the Plan Documents and to execute, implement, and to take all actions otherwise necessary or appropriate to give effect to, the transactions and transfer of Assets contemplated by the Plan and the Plan Documents;
(b) The Confirmation Order, the Plan Documents and the Plan are each in a form satisfactory to the Debtors and the Required Noteholders;
(c) The Plan Support Agreement shall not have terminated in accordance with the terms thereof; and
(d) The Confirmation Order shall include determinations that all of the settlements and compromises contained in the Plan meet the applicable standards under section 1123(b)(3) of the Bankruptcy Code and Bankruptcy Rule 9019 for approval and implementation.
Conditions Precedent to Confirmation. Confirmation of the Plan is subject to:
(a) entry of the Confirmation Order, which shall be in form and substance reasonably satisfactory to the Debtors and the Required Consenting Noteholders; and
(b) the Plan Documents having been filed in substantially final form prior to the Confirmation Hearing, which Plan Documents shall be in form and substance reasonably satisfactory to the Debtors and the Required Consenting Noteholders, provided, that, the New Senior Secured Notes Indenture shall be substantially in the form attached to the Disclosure Statement, with all modifications to such form reasonably satisfactory to the Required Consenting Noteholders.
Conditions Precedent to Confirmation. It shall be a condition to Confirmation of the Plan that the following conditions shall have been satisfied or waived pursuant to the provisions of Article X.C hereof:
1. The Bankruptcy Court or any other court of competent jurisdiction shall not have dismissed or abstained from hearing any of the Chapter 11 Cases.
2. The Bankruptcy Court shall have entered the Confirmation Order, in form and substance acceptable to the Consenting Noteholders.
3. The Plan Supplement, all of the schedules, documents, and exhibits contained therein, and any and all plan-related documents, agreements or instruments shall have been Filed, without prejudice to the Reorganized Debtors’ rights under the Plan to alter, amend, or modify certain of the schedules, documents, and exhibits contained in the Plan Supplement, any of which alterations, amendments, or modifications shall be in form and substance acceptable to the Consenting Noteholders.
Conditions Precedent to Confirmation. It shall be a condition to Confirmation of the Plan that the Disclosure Statement Order shall have been entered by the Bankruptcy Court on the docket of the Chapter 11 Cases, in form and substance acceptable to the Debtors, the DIP Lenders, the Restructuring Support Parties, and such order shall not be subject to a stay.
Conditions Precedent to Confirmation. It will be a condition to confirmation of the Plan that the following conditions will have been satisfied or waived in accordance with the terms of the Plan: (a) Court approval of the Disclosure Statement in a form and substance reasonably acceptable to the Debtors, Ally, the Creditors’ Committee and the Consenting Claimants, as containing adequate information with respect to the Plan within the meaning of section 1125 of the Bankruptcy Code.
Conditions Precedent to Confirmation. Usual and customary conditions precedent to the confirmation of the Plan, each of which may be waived in writing by the Consenting Lenders, shall include, but not be limited to, the following: (a) the Company shall have obtained a commitment (for at least $25 million) for the Revolving Credit Facility, on terms and conditions that (i) are reasonably acceptable to the Consenting Lenders and the Debtors; and (ii) support the Debtors’ demonstration that (x) the Plan is feasible; and (y) the Reorganized Company will have the ability to satisfy its obligations to pay current interest and principal under the Term Facilities; and (b) the Disclosure Statement shall be consistent with the provisions of this Term Sheet and otherwise in form and substance reasonably satisfactory to the Consenting Lenders and the Debtors.
Conditions Precedent to Confirmation. 18 Section 8.2. Conditions Precedent to the Effective Date. 18 Section 8.3. Waiver of Conditions. 19 Section 8.4. Modification of Plan. 19 Section 8.5. Effect of Withdrawal or Revocation. 19 Section 8.6. Reservation of Rights. 19 Section 8.7. Substantial Consummation of Plan. 19 ARTICLE IX EFFECT OF PLAN CONFIRMATION 19 Section 9.1. Binding Effect. 19 Section 9.2. Discharge of Claims. 20 Section 9.3. Releases. 20
Conditions Precedent to Confirmation. The Confirmation Order shall not be entered unless and until such Confirmation Order is in form and substance satisfactory to the Debtor.
Conditions Precedent to Confirmation. The following conditions precedent to the occurrence of Confirmation must be satisfied unless any such condition shall have been waived by the Debtors and the Plan Sponsor:
Conditions Precedent to Confirmation. It shall be a condition to Confirmation that the following conditions shall have been satisfied or waived pursuant to the provisions of Article IX.C:
1. the Disclosure Statement in form and substance reasonably acceptable to the Requisite Consenting Senior Noteholders and the Purchasers shall have been approved by the Bankruptcy Court;
2. the final version of the Plan Supplement, including all of the schedules, documents, and exhibits contained therein, shall be (a) in form and substance reasonably acceptable to the Requisite Consenting Senior Noteholders and (b) in form and substance acceptable to the Purchasers;
3. the Bankruptcy Court shall have entered the Confirmation Order (a) in form and substance reasonably acceptable to the Requisite Consenting Senior Noteholders and (b) in form and substance acceptable to the Purchasers;
4. the Approval Order shall be a Final Order; and
5. the Recapitalization Agreement shall be in full force and effect and shall not have been terminated or amended in any manner inconsistent with the Restructuring Support Agreement.
