Financing Order. The Interim Financing Order (and, following the expiration of the Interim Financing Period defined therein, the Permanent Financing Order) has been duly entered, is valid, subsisting and continuing and has not been vacated, modified, reversed on appeal, or vacated or modified by any order of the Bankruptcy Court (other than as consented to by Agent) and is not subject to any pending appeal or stay.
Financing Order. Section 1.01
Financing Order. The Financing Order has been duly entered, is valid, subsisting and continuing and has not been vacated, modified, reversed on appeal, or vacated or modified by any Bankruptcy Judge or District Court Judge and is not subject to any pending stay.
Financing Order. The Financing Order is in full force and effect, is not subject to a pending appeal or motion for leave to appeal or other proceeding to set aside such order and has not been reversed, modified, amended, stayed or vacated except, in the case of non-material modifications, with Agent’s written consent and, in the case of other modifications, with each Lender’s written consent.
Financing Order. 1.01(b) FTA Charge.............................. 1.01(b) Xxxxx'x................................. 1.01(a) Person.................................. 1.01(a) PU Code................................. 1.01(b) Rating Agency........................... 1.01(a) Rating Agency Condition.....
Financing Order. An order that authorizes the issuance of storm recovery bonds; the imposition, collection, and periodic adjustments of a storm recovery charge; the creation of storm recovery property; and the sale, assignment, or transfer of storm recovery property to an assignee.
Financing Order. 1.01(b) FTA Charge............................................ 1.01(b) Xxxxx'x............................................... 1.01(a) Person................................................ 1.01(a) PU Code............................................... 1.01(b) Rating Agency......................................... 1.01(a) Series Issuance Date.................................. 1.01(a) Series Supplement..................................... 1.01(a) Standard & Poor's..................................... 1.01(a) State................................................. 1.01(a) Transition Property................................... 1.01(b)
Financing Order. At the time of the making of the Term Loan, the Agent shall have received a certified copy of the Financing Order, which Financing Order (i) shall have been entered on the docket of the Bankruptcy Court on or before the Funding Date and (ii) shall be in full force and effect and shall not have been vacated, stayed, reversed, modified or amended in any respect without the written consent of the Majority Lenders; and, if the Financing Order is the subject of a pending appeal in any respect, neither the making of the Term Loan, nor the performance by the Obligors of any of their respective obligations hereunder, under the other Loan Documents or under any other instrument or agreement referred to herein shall be the subject of a presently effective stay pending appeal.
Financing Order. The Interim Order shall be in full force and effect and shall not have been stayed, reversed, modified or amended in any respect (other than by the Final Order and Priming Order as provided hereinbelow); provided that no Lender shall have any obligation to make any Credit Extension if making such Credit Extension would cause the aggregate amount of all Credit Extensions then outstanding, either separately or together, to exceed the lesser of (x) $155,000,000 and (y) the amount thereof which was authorized by the Bankruptcy Court in the Interim Order unless:
(a) the Administrative Agent and each of the Lenders shall have received a certified copy (or other evidence satisfactory to the Administrative Agent) of the Final Order which (i) as entered, shall be acceptable in form and substance to the Administrative Agent, (ii) shall have been entered into no later than August 30, 2001, and (iii) shall then be in full force and effect and shall not have been stayed, reversed, modified or amended in any respect; provided that in such case no Lender shall have any obligation to make any Credit Extension if the making of any such Credit Extension would cause the aggregate amount of all Credit Extensions then outstanding, either separately or together, to exceed $155,000,000; or
(b) the Administrative Agent and each of the Lenders shall have received a certified copy (or other evidence satisfactory to the Administrative Agent) of the Priming Order which (i) as entered, shall be acceptable in form and substance to the Administrative Agent, (ii) shall have been entered into no later than September 20, 2001, and (iii) shall then be in full force and effect, and shall not have been stayed, reversed, modified or amended in any respect; provided that in such case no Lender shall have any obligation to make any Credit Extension if the making of any such Credit Extension would cause the aggregate amount of all Credit Extensions then outstanding, either separately or together, to exceed $170,000,000 unless (x) Approving Lenders have previously approved and consented to a business plan submitted by the Borrowers that is acceptable to them in their sole discretion and (y) if such business plan contemplates the operation of the Company's acrylonitrile facility, the minimum EBITDA amounts set forth in Section 7.2.7 have been modified to amounts which take into account the acrylonitrile operations during applicable periods and which amounts and periods are acceptable to the Require...
Financing Order. 1.01(b) Fitch................................................... 1.01(a) Issuance Date........................................... 1.01(a) Xxxxx'x................................................. 1.01(a) Rating Agency........................................... 1.01(a) Rating Agency Condition................................. 1.01(a) Scheduled Maturity Date................................. 1.01(a) Standard & Poor's....................................... 1.01(a) State................................................... 1.01(a) Statute................................................. 1.01(a) Transition Property..................................... 1.01(b) UCC.....................................................
