Final Financing Order. Not later than the earlier of (i) the expiration of the Interim Financing Order and (ii) 45 days after the entry of the Interim Financing Order, the Final Financing Order shall have been entered by the Bankruptcy Court and shall be in full force and effect and, after such entry, shall not have been (A) vacated, stayed or reversed or (B) modified or amended in a material manner except as otherwise agreed to in writing by the Agent, the Required Revolver Lenders and the Required Term Lenders in their reasonable discretion.
Final Financing Order. Notwithstanding anything to the contrary herein or in any other Note Document:
(a) If any conflict or inconsistency exists between this Supplemental Indenture and any other Note Document with respect to any term or provision applicable to any Guarantor, this Supplemental Indenture shall govern and control to the extent of such conflict or inconsistency. If any conflict or inconsistency exists between this Supplemental Indenture or any Note Document, on the one hand, and the Final Financing Order, on the other hand, then the provisions of the Final Financing Order shall govern and control to the extent of such conflict or inconsistency. Furthermore, all provisions of the Final Financing Order and the terms of the DIP Credit Agreement (whether or not the DIP Credit Agreement is still in effect at such time), including, for the avoidance of doubt, Schedule 6.27 of the DIP Credit Agreement, to the extent authorized by the Final Financing Order, and Annex I to the Final Financing Order, that in any way impact this Supplemental Indenture or any Note Document are hereby incorporated by reference as valid and fully enforceable provisions thereof.
(b) None of the Secured Parties shall be permitted to exercise any rights or remedies under this Supplemental Indenture or otherwise against any of the Guarantors in respect of any Guaranteed Obligations unless and until the Discharge of the Senior Obligations has occurred.
(c) Nothing contained in this Supplemental Indenture shall constitute a waiver of (i) any applicable notice requirements in the Final Financing Order or (ii) any rights of the Issuer, any Guarantors or any of their Subsidiaries pursuant to the Final Financing Order or Schedule 6.27 of the DIP Credit Agreement, to the extent authorized by the Final Financing Order.
(d) This Supplemental Indenture and each of the guarantees hereunder shall automatically terminate with respect to each Guarantor on the Termination Date. The Trustee and the Collateral Trustee, as applicable, are empowered, authorized and directed to execute and deliver such release documents as any Guarantor shall reasonably request to evidence any release pursuant to this Section 13(d) or any other release pursuant to the Final Financing Order.
(e) Section 1.2(d) of the August 2016 Pledge and Security Agreement is incorporated herein by reference, mutatis mutandis.
Final Financing Order. Borrower shall obtain the entry of a Financing Order (the "FINAL FINANCING ORDER") on or before October 31, 2001, which Final Financing Order shall contain the same terms as the Interim Financing Order with such changes as Lender may approve in its sole discretion.
Final Financing Order. The Final Financing Order shall not have been entered by the Bankruptcy Court on or before April 25, 2002; or from and after the date of entry thereof, the Final Financing Order shall cease to be in full force and effect (or shall have been vacated, stayed
Final Financing Order. A-7 Financing Orders................................................................................................A-7 Fiscal Year.....................................................................................................A-7 FLSA............................................................................................................A-7 Foreign Subsidiary..............................................................................................A-7 Full Payment....................................................................................................A-7 GAAP............................................................................................................A-8 General Intangible..............................................................................................A-8 Governmental Approvals..........................................................................................A-8 Governmental Authority..........................................................................................A-8 Guarantors...................................................................................................1, A-8 Hazardous Materials.............................................................................................A-8 Indemnified Amount..............................................................................................A-8 Indemnitee......................................................................................................A-8 Insolvency Proceeding...........................................................................................A-8 Instrument......................................................................................................A-9 Intellectual Property...........................................................................................A-9
Final Financing Order. Except with Atec's written consent, entry of an order of the Bankruptcy Court modifying, amending, reversing, vacating or staying the Interim Order or the Final Financing Order, or Borrower shall violate the terms of the Interim Order or the Final Financing Order; or
Final Financing Order. The Final Financing Order shall have been entered by the Bankruptcy Court (i) approving the terms of this Agreement, authorizing the transactions contemplated hereby and by the Security Agreement and Pledge Agreement, and granting Lender perfected, valid, and enforceable first priority Liens and security interests upon all Collateral, except as permitted under this Agreement and the Security Agreement; (ii) prohibiting any Liens that would be senior to or pari passu with the Liens securing the Obligations (except as permitted under this Agreement and the Security Agreement); (iii) authorizing and directing Borrower to pay Lender’s fees and expenses in connection with or payable under this Agreement and the Security Agreement; (iv) containing such other terms and conditions as Lender may reasonably determine consistent with the provisions of this Agreement; and (v) such Final Financing Order shall be in full force and effect and shall not have been reversed, stayed, modified or amended, absent prior written consent of the Lender and the Borrower.
Final Financing Order. If the Bankruptcy Court or any other court with jurisdiction over the Chapter 11 Cases reverses, vacates or stays the effectiveness of the Final Financing Order.
Final Financing Order. The Final Financing Order shall be entered within 30 days of entry of the Interim Financing Order substantially in the form of and containing, among other things, the provisions present in the Interim Financing Order (including, without limitation, the granting of Liens contemplated under the Security Documents). The Final Financing Order shall have been entered on such notice to such parties as satisfactory to the Administrative Agent and as required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, order of the Bankruptcy Court, and any applicable local bankruptcy rules.
Final Financing Order. (a) Section 3.2(a) of the Loan Agreement is hereby amended by deleting the phrase "Agent, on behalf of the Required Lenders," and inserting the word "Lenders" in lieu thereof.
(b) Section 3.4(e) of the Loan Agreement is hereby amended by deleting each reference to the phrase "Agent, on behalf of the Required Lenders," and inserting the word "Lenders" in lieu thereof.
(c) Section 3.5 of the Loan Agreement is hereby amended by deleting the phrase "Agent, on behalf of the Required Lenders" and inserting the word "Lenders" in lieu thereof.
(d) Section 5.27(c) of the Loan Agreement is hereby amended by deleting the phrase "Agent, on behalf of the Required Lenders" and inserting the word "Lenders" in lieu thereof.
(e) Section 7.24(a) of the Loan Agreement is hereby amended by deleting the phrase "Agent, on behalf of the Required Lenders, in its Permitted Discretion" and inserting the word "Lenders" in lieu thereof.
