Common use of Filing of Motions and Applications Clause in Contracts

Filing of Motions and Applications. Apply to the Court for authority to (i) take any action that is prohibited by the terms of any of the DIP Financing Documents, (ii) refrain from taking any action that is required to be taken by the terms of any of the DIP Financing Documents or the Financing Orders or (iii) permit any Debt or Claim to be pari passu with or senior to any of the Obligations, other than any Claims with respect to the Carve-Out to the extent provided in the Financing Orders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Elandia, Inc.), Loan and Security Agreement (Cmi Industries Inc)

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Filing of Motions and Applications. Apply to the Court for authority to (i) take any action that is prohibited by the terms of any of the DIP Financing Documents, (ii) refrain from taking any action that is required to be taken by the terms of any of the DIP Financing Documents or the Financing Orders or (iii) permit any Debt or Claim to be pari passu with or senior to any of the Obligations, or (iv) use any cash proceeds of the Collateral other than any Claims with respect to in payment of the Carve-Out to the extent provided in the Financing OrdersObligations or as otherwise expressly authorized herein.

Appears in 2 contracts

Samples: Debtor in Possession Credit Agreement (Peregrine Systems Inc), Debt Agreement (BMC Software Inc)

Filing of Motions and Applications. Apply to the Court for authority to (i) take any action that is prohibited by the terms of any of the DIP Financing Documents, (ii) refrain from taking any action that is required to be taken by the terms of any of the DIP Financing Documents or the Financing Orders or Order, (iii) permit any Debt Indebtedness or Claim to be pari passu with or senior to any of the Obligations, Obligations or (iv) use any cash Proceeds of the Collateral other than any Claims with respect to in payment of the Carve-Out to Obligations or as otherwise expressly authorized herein or by the extent provided in the Financing OrdersCourt.

Appears in 1 contract

Samples: Debtor in Possession Financing Agreement

Filing of Motions and Applications. Apply to the Court for authority to (i) take any action that is prohibited by the terms of any of the DIP Financing Documents, (ii) refrain from taking any action that is required to be taken by the terms of any of the DIP Financing Documents or the Financing Orders or (iii) permit any Debt or Claim to be pari passu PARI PASSU with or senior to any of the Obligations, or (iv) use any cash proceeds of the Collateral other than any Claims with respect to in payment of the CarvePre-Out to Petition Debt or the extent provided in the Financing OrdersObligations or as otherwise expressly authorized herein.

Appears in 1 contract

Samples: Post Petition Loan and Security Agreement (Drypers Corp)

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Filing of Motions and Applications. Apply to the Court for ---------------------------------- authority to (i) take any action that is prohibited by the terms of any of the DIP Financing Documents, (ii) refrain from taking any action that is required to be taken by the terms of any of the DIP Financing Documents or the Financing Orders or (iii) permit any Debt or Claim to be pari passu with (other than Debt that is incurred under the Term Lender Documents and in accordance with the Intercreditor Agreement) or senior to any of the Obligations, other than any Claims with respect to the Carve-Out to the extent provided in the Financing Orders.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)

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