Confirmation of the Plan. The Company shall use its commercially reasonable efforts to obtain confirmation of the Plan as soon as reasonably practicable following the Petition Date in accordance with the Bankruptcy Code and on terms consistent with this Agreement, and each Consenting Creditor shall use its commercially reasonable efforts to cooperate fully in connection therewith.
Confirmation of the Plan. The Plan is approved in its entirety and CONFIRMED under section 1129 of the Bankruptcy Code. The terms of the Plan, including the Plan Supplement and any amendments thereto, are incorporated by reference into and are an integral part of this Confirmation Order.
Confirmation of the Plan. The Debtors request Confirmation of the Plan under section 1129(b) of the Bankruptcy Code with respect to any Impaired Class that does not accept the Plan pursuant to section 1126 of the Bankruptcy Code. The Debtors reserve the right to amend the Plan to the extent, if any, that Confirmation pursuant to section 1129(b) of the Bankruptcy Code requires modification.
Confirmation of the Plan. Except as expressly modified hereby, the Plan shall remain in full force and effect and is hereby ratified and confirmed in all respects.
Confirmation of the Plan. Subject to the terms of this Agreement, the Debtors shall use commercially reasonable efforts to obtain Confirmation of the Plan in accordance with the Bankruptcy Code and on terms consistent with this Agreement.
Confirmation of the Plan. The Bankruptcy Court shall have entered an order confirming the Plan (the "Confirmation Order") and the Confirmation Order shall be a Final Order in form and substance satisfactory to the Purchaser in all respects.
Confirmation of the Plan. The Plan shall have been confirmed by the Bankruptcy Court pursuant to a confirmation order (the “Confirmation Order”) in accordance with the Plan Support Agreement. The Confirmation Order shall not be subject to any stay or pending appeal. All conditions precedent to the effectiveness of the Plan (other than the occurrence of the Closing Date hereunder) shall have been satisfied (or waived in accordance with the Plan Support Agreement) pursuant to the Confirmation Order. Except as consented to by Requisite Lenders, the Bankruptcy Court’s retention of jurisdiction under the Confirmation Order shall not govern the enforcement of the Credit Documents or any rights or remedies related thereto.
Confirmation of the Plan. The Bank shall have received a copy of the Confirmation Order entered by the Bankruptcy Court approving the Plan, which Confirmation Order shall (i) be in form and substance satisfactory to the Bank, (ii) authorize the Borrower, as a reorganized Debtor, to enter into this Agreement and the other Credit Documents, pay the fees and expenses required thereunder and perform its obligations thereunder, (iii) provide that notwithstanding anything to the contrary in the Plan or the Confirmation Order the Obligations shall not be discharged (and the Pledgor, pursuant to Section 1141(d)(4) of the Bankruptcy Code, shall waive any such discharge), (iv) provide that the Credit Documents shall constitute legal, valid, binding and authorized obligations of the Borrower, as a reorganized Debtor, (v) provide that Liens granted under the Credit Documents shall continue in full force and effect and shall remain binding, enforceable first priority Liens on and security interests in the Collateral to secure the Obligations and (vi) have become a Final Order (as defined in the Plan in effect on the date hereof);
Confirmation of the Plan. Each Memorial Party shall use its commercially reasonable efforts to obtain confirmation of the Plan as soon as reasonably practicable after the Petition Date (as defined in Section 6) in accordance with the Bankruptcy Code and on terms consistent with this Plan Support Agreement, and each Consenting Noteholder shall use its commercially reasonable efforts to cooperate fully in connection therewith.
Confirmation of the Plan. At the Confirmation Hearing, the Court will confirm the Plan only if all of the requirements of section 1129 of the Bankruptcy Code are met. Among the requirements for confirmation of a plan are that the plan is (i) accepted by all Impaired classes of Claims and Equity Interests or, if rejected by an Impaired class, that the plan “does not discriminate unfairly” and is “fair and equitable” as to such class, (ii) feasible, and (iii) in the “best interests” of creditors and equity interest holders that are Impaired under the Plan.
