DIP Loan Documents. Notwithstanding anything in this Agreement to the contrary, between the date of this Agreement and the earlier of the termination of this Agreement in accordance with Section 4.4 and the Closing Date, it shall not be a breach of this Agreement for, and nothing in this Agreement shall (or shall be deemed to) limit or affect the ability of, Sellers to incur Indebtedness or borrow funds under the DIP Loan Documents, including, without limitation, for the purpose of paying Cure Costs in accordance with the terms and conditions of the DIP Loan Documents.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Hearusa Inc), Asset Purchase Agreement (Hearusa Inc)
DIP Loan Documents. Notwithstanding anything in this Agreement to the contrary, between the date of this Agreement and the earlier of the termination of this Agreement in accordance with Section 4.4 4.7 and the Closing Date, it shall not be a breach of this Agreement for, and nothing in this Agreement shall (or shall be deemed to) limit or affect the ability of, Sellers to incur Indebtedness or borrow funds under the DIP Loan Documents, including, without limitation, for or the purpose of paying Cure Costs DIP Loan Documents in accordance with the terms and conditions of the DIP Loan DocumentsDocuments and the DIP Orders.
Appears in 1 contract
Samples: Asset Purchase Agreement (Mammoth Energy Services, Inc.)
DIP Loan Documents. Notwithstanding anything in this Agreement to the contrary, between the date of this Agreement and the earlier of the termination of this Agreement in accordance with Section 4.4 3.4 and the Closing Date, it shall not be a breach of this Agreement for, and nothing in this Agreement shall (or shall be deemed to) limit or affect the ability of, the Sellers to incur Indebtedness or borrow funds under the DIP Loan DocumentsFacility, including, without limitation, for the purpose of paying Cure Costs funding the wind down of the Sellers following the Closing, in accordance with the terms and conditions of the DIP Loan Documents.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ambassadors International Inc)
DIP Loan Documents. Notwithstanding anything in this Agreement to the contrary, between the date of this Agreement and the earlier of the termination of this Agreement in accordance with Section 4.4 and the Closing Date, it shall not be a breach of this Agreement for, and nothing in this Agreement shall (or shall be deemed to) limit or affect the ability of, Sellers to incur Indebtedness or borrow funds under the DIP Loan or the DIP Loan Documents, including, without limitation, for the purpose of paying Cure Costs in accordance with the terms and conditions of the DIP Loan Documents.
Appears in 1 contract
Samples: Asset Purchase Agreement (Medical Staffing Network Holdings Inc)
DIP Loan Documents. Notwithstanding anything in this Agreement to the contrary, between the date of this Agreement and the earlier of the termination of this Agreement in accordance with Section 4.4 and the Closing Date, it shall not be a breach of this Agreement for, and nothing in this Agreement shall (or shall be deemed to) limit or affect the ability of, Sellers to incur Indebtedness indebtedness, encumber the Purchased Assets with the DIP Liens, or borrow funds under the DIP Loan Documents, including, without limitation, for the purpose of paying Cure Costs in accordance with the terms and conditions of the DIP Loan Documents.
Appears in 1 contract
Samples: Asset Purchase Agreement
