Confirmation of Plan of Reorganization. On or prior to the Issue Date, (i) there shall have been delivered to the Trustee true and correct copies of the Plan of Reorganization and the Disclosure Statement, (ii) a Confirmation Order shall have been entered, (iii) the order referenced in preceding clause (ii) shall not have been stayed and shall have become final and non-appealable and (iv) all conditions precedent to the effective date of the Plan of Reorganization shall have been satisfied.
Confirmation of Plan of Reorganization. The Bankruptcy Court shall have entered on or before August 31, 1998 a final order in form and substance reasonably satisfactory to the Agents confirming in accordance with Section 1129 of the Bankruptcy Code the Plan of Reorganization, which order shall be in full force and effect and shall not have been stayed, reversed, vacated or otherwise modified.
Confirmation of Plan of Reorganization. (i) The Bankruptcy Court shall have entered an order (the "Confirmation Order") confirming the Plan of Reorganization and approving and authorizing the transactions contemplated hereby; (ii) the terms and conditions of the Plan of Reorganization shall not have been substantially modified without the approval of the Requisite Lenders from the Plan of Reorganization attached as Exhibit A to the Disclosure Statement; (iii) all conditions precedent to the effectiveness of the Plan of Reorganization shall have been satisfied (or waived with the prior written consent of the Agents) and the Effective Date shall have occurred (other than the extension of credit under this Agreement); (iv) unless otherwise agreed by the Agents in their sole discretion, ten days shall have passed since the entry of the Confirmation Order and the Confirmation Order shall have become a Final Order; (v) the Agents shall be satisfied that, except as otherwise consented to by them, the Bankruptcy Court's retention of jurisdiction under the Confirmation Order will not govern the enforcement of the Loan Documents; and (vi) the transactions set forth in the Plan of Reorganization shall have been consummated in accordance with all applicable Requirements of Law and otherwise to the satisfaction of the Agents (including the nomination of a board of directors and senior management of Group acceptable to the Agents).
Confirmation of Plan of Reorganization. A certified copy of the order (the “Confirmation Order”), which shall be in form and substance satisfactory to the Lenders, entered by the Bankruptcy Court after due notice to all creditors and other parties-in-interest and as entered on the docket of the Clerk of the Bankruptcy Court confirming the Plan of Reorganization and authorizing the Obligors to enter into the Loan Documents. The Confirmation Order shall be in full force and effect, shall not have been modified, reversed, stayed or vacated, and shall be valid, subsisting and continuing. The Plan of Reorganization, any amendments thereto and the related conclusions of law and findings of fact shall be in form and substance satisfactory to the Lenders. The Plan of Reorganization shall be effective and all conditions to such effectiveness shall have been satisfied or waived. The Obligors shall have consummated (or shall be simultaneously consummating) the Plan of Reorganization in accordance with the terms thereof, and all conditions precedent to the effectiveness of the Plan of Reorganization shall have been (or are simultaneously being) fulfilled (or waived in accordance with the terms of the Plan of Reorganization). The Lenders shall have received evidence, in form and substance satisfactory to the Lenders, that all consents, approvals or withholding of objections appropriate or necessary to consummate the Plan of Reorganization and the Loan Documents have been obtained.
Confirmation of Plan of Reorganization. Entry of an order in the Reorganization confirming the Plan of Reorganization, with such modifications thereto as Xxxxxx approves in the exercise of its reasonable discretion, on or before March 1, 1997, which order shall be final and not appealable.
Confirmation of Plan of Reorganization. Borrowers agree that (i) the Obligations hereunder shall not be discharged by the entry of an order confirming a plan of reorganization in the Chapter 11 Cases (and Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge with respect to Agent and Lenders) and (ii) the super-priority administrative claim granted to Agent and Lenders pursuant to the Interim Order and Final Order and described herein and the Liens granted to Agent pursuant to the Interim Order and Final Order and described herein shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization in any Chapter 11 Case.
Confirmation of Plan of Reorganization. On or prior to the Initial Borrowing Date, (i) there shall have been delivered to the Administrative Agent true and correct copies of the Plan of Reorganization and the Disclosure Statement, which Plan of Reorganization and Disclosure Statement shall be in form and substance satisfactory to the Administrative Agent and the Required Banks, (ii) a Notice of Confirmation, in form and substance satisfactory to the Administrative Agent and the Required Banks, shall have been entered into, (iii) the Notice of Confirmation referenced in preceding clause (ii) shall not have been stayed and shall have become final and non-appealable and (iv) all conditions precedent to the effective date of the Plan of Reorganization shall have been satisfied (and not waived without the consent of the Administrative Agent and the Required Banks) to the satisfaction of the Administrative Agent and the Required Banks.
Confirmation of Plan of Reorganization. The Bankruptcy Court shall have confirmed the Plan of Reorganization with the support of not less than the minimum percentage required under the Bankruptcy Code of creditors of the class of which the Lenders are a part, no appeal from the confirmation order shall be pending which is unacceptable to the Administrative Agent and matters relating to the Chapter 11 Cases shall be otherwise acceptable to the Required Lenders.
Confirmation of Plan of Reorganization. Within five Business Days of the date hereof, Vendell shall file a bankruptcy petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court. At the time of such filing, Vendell shall file the Disclosure Statement, Plan of Reorganization, and Sale Motion, substantially in the form of the exhibits attached hereto, and use its commercially reasonable efforts to obtain Bankruptcy Court approval of this Agreement, the Sale Motion and the Disclosure Statement and confirmation of the Plan of Reorganization. Unless on or before March 21, 1997, Rivendell-Michigan and Rivendell-Montana have entered into final settlement agreements with the governmental third party payors in Michigan and Montana, as applicable, which settlement agreements provide that Buyer will not have any obligation with respect to Liabilities of Rivendell-Michigan and Rivendell-Montana, as applicable, under the Medicare and Medicaid programs as administered in those states arising or relating to the period prior to Closing Date. Rivendell-Michigan and/or Rivendell-Montana, as the case may be, shall commence Chapter 11 bankruptcy proceedings and file a Sale Motion, Plan of Reorganization, and Disclosure Statement. To the extent there are conflicts or inconsistencies between this Agreement on the one hand and the Disclosure Statement, Plan of Reorganization, the Sale Motion or other bankruptcy motions, pleadings or proceedings, on the other hand, the terms of this Agreement shall govern as between Buyer and Seller. Without limiting the generality of the foregoing,
Confirmation of Plan of Reorganization. In addition to all other conditions herein referenced, the Credit Line shall not become operative until there is an entry of an order confirming Borrower's First Amended and Restated Plan of Reorganization, as such plan may be amended (the "Plan of Reorganization"), filed with the United States Bankruptcy Court for the Southern District of New York pursuant to applicable provisions of Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") with regard to that certain matter known as In re PIONEER COMMERCIAL FUNDING CORPORATION a/k/a PCFC of California, Chapter 11 Case Xx. 00 X 00000 (HS) filed in the United States Bankruptcy Court for the Southern District of New York and referred to hereinafter as the "Chapter 11 Case".
