Financing Orders. The Interim Financing Order (if prior to the Final Financing Order Date) or the Final Financing Order (if after the Final Financing Order Date), as the case may be, is in form and substance satisfactory to the Agent and the Lenders, shall be in full force and effect and shall not have been reversed, stayed, modified or amended, except for such modifications, and amendments mutually agreed to by the Borrower, the Agent and the Lenders.
Financing Orders. (a) The Loan Parties are in compliance in all material respects with the terms and conditions of the Interim Order or the Final Order, as applicable.
(b) Each of the Interim Order (with respect to the period prior to the entry of the Final Order) or the Final Order (from after the date the Final Order is entered) is in full force and effect and has not been vacated, reversed or rescinded or, without the prior written consent of the Administrative Agent, in its sole discretion, amended or modified and no appeal of such order has been timely filed or, if timely filed, no stay pending such appeal is currently effective.
Financing Orders. (1) A public utility may petition the Commission for a financing order. The petition shall include all of the following:
a. A description of the storm recovery activities that the public utility has undertaken or proposes to undertake and the reasons for undertaking the activities, or if the public utility is subject to a settlement agreement as contemplated by subdivision (2) of this subsection, a description of the settlement agreement.
b. The storm recovery costs and estimate of the costs of any storm recovery activities that are being undertaken but are not completed.
c. The level of the storm recovery reserve that the public utility proposes to establish or replenish and has determined would be appropriate to recover through storm recovery bonds and is seeking to so recover and such level that the public utility is funding or will seek to fund through other means, together with a description of the factors and calculations used in determining the amounts and methods of recovery.
d. An indicator of whether the public utility proposes to finance all or a portion of the storm recovery costs using storm recovery bonds. If the public utility proposes to finance a portion of the costs, the public utility must identify the specific portion in the petition. By electing not to finance a portion of such storm recovery costs using storm recovery bonds, a public utility shall not be deemed to waive its right to recover such costs pursuant to a separate proceeding with the Commission.
e. An estimate of the financing costs related to the storm recovery bonds.
f. An estimate of the storm recovery charges necessary to recover the storm recovery costs, including the storm recovery reserve amount determined appropriate by the Commission, and financing costs and the period for recovery of such costs.
g. A comparison between the net present value of the costs to customers that are estimated to result from the issuance of storm recovery bonds and the costs that would result from the application of the traditional method of financing and recovering storm recovery costs from customers. The comparison should demonstrate that the issuance of storm recovery bonds and the imposition of storm recovery charges are expected to provide quantifiable benefits to customers.
h. Direct testimony and exhibits supporting the petition.
(2) If a public utility is subject to a settlement agreement that governs the type and amount of principal costs that could be included in storm recovery co...
Financing Orders. (a) The Interim Financing Order or, at all times after its entry by the Bankruptcy Court, the Final Financing Order is in full force and effect, and has not been vacated, reversed, terminated, stayed modified or amended in any manner without the written consent of the Required Lenders.
(b) Upon the maturity (whether by acceleration or otherwise) of any of the Obligations, the Lenders shall, subject to the provisions of Article VIII and the applicable provisions of the applicable Financing Order, be entitled to immediate payment of such Obligations, and to enforce the remedies provided for hereunder in accordance with the terms hereof and such Financing Order, as applicable, without further application to or order by the Bankruptcy Court.
(c) If either the Interim Financing Order or the Final Financing Order is the subject of a pending appeal in any respect, none of such Financing Order, the making of the Loans or the performance by Borrower or any other Loan Party of any of its obligations under any of the Loan Documents shall be the subject of a presently effective stay pending appeal. The Borrower, the Administrative Agent and the Secured Parties shall be entitled to rely in good faith upon the Financing Orders, notwithstanding objection thereto or appeal therefrom by any interested party. The Borrower, the Administrative Agent, the Lenders and the L/C Issuers shall be permitted and required to perform their respective obligations in compliance with this Agreement notwithstanding any such objection or appeal unless the relevant Financing Order has been stayed by a court of competent jurisdiction.
Financing Orders. The Financing Orders shall be in form and substance acceptable in all respects to the DIP Agent and Required DIP Lenders and shall include, without limitation, provisions (i) modifying the automatic stay to the extent necessary to permit or effectuate the terms of the Financing Orders and the Documentation for the Facility, including, without limitation, to permit the creation and perfection of DIP Agent's liens on the DIP Collateral, (ii) providing for the automatic vacation of such stay to permit the enforcement of DIP Agent's and the DIP Lenders' remedies under the Facility after reasonable notice to the Pre-Petition Senior Agent and the Bridge Loan Agent, (iii) prohibiting the assertion of claims arising under Section 506(c) of the U.S. Bankruptcy Code against the DIP Agent, any DIP Lender, the Pre-Petition Agent, any Pre-Petition Lender, the Bridge Loan Agent or any Bridge Loan Lender, or the commencement of other actions adverse to the DIP Agent, any DIP Lender, the Pre-Petition Agent, any Pre-Petition Lender, the Bridge Loan Agent or any Bridge Loan Lender or their respective rights and remedies under the Facility, the Pre-Petition Credit Agreement, the Swap Agreement, the Bridge Loan Agreement or any bankruptcy court order; (iv) prohibiting the incurrence of debt with priority equal to or greater than that of the DIP Agent, the DIP Lenders, the Pre-Petition Agent, the Pre-Petition Lenders, the Bridge Loan Agent or the Bridge Loan Lenders; (v) prohibiting any granting or imposition of liens other than purchase money priority liens and other liens acceptable to DIP Agent; and (vi) prohibiting the Debtors' use of cash collateral other than as expressly contemplated by the Financing Orders prior to the indefeasible payment in full of the Debtors' obligations under the Facility and termination of the DIP Lenders' commitments thereunder. EVENTS OF DEFAULT: Customary for facilities of this nature in which GE Capital has acted as agent including (with customary grace periods, as applicable): nonpayment of principal when due; nonpayment of interest, fees, or other amounts when due; material inaccuracy of representations and warranties; certain ERISA events; material judgments; invalidity of any security document or security interest; a change of management and/or control; or failure to observe any negative or affirmative covenant. In addition: - Any of the Chapter 11 cases of the Debtors is dismissed or converted to Chapter 7 of the Bankruptcy Code or a tru...
Financing Orders. Notwithstanding anything herein to the contrary, the provisions of this Agreement are subject to the provisions of the Financing Orders, in all respects. If any provision in this Agreement conflicts with any provision in the Financing Orders, the provisions in the applicable Financing Order shall control.
Financing Orders. Notwithstanding anything herein to the contrary, the provisions of this Trademark Security Agreement are subject to the provisions of the Financing Orders, in all respects. If any provision in this Trademark Security Agreement conflicts with any provision in the Financing Orders, the provisions in the applicable Financing Order shall control.
Financing Orders. Notwithstanding anything herein to the contrary, the provisions of this Copyright Security Agreement are subject to the provisions of the Financing Orders, in all respects. If any provision in this Copyright Security Agreement conflicts with any provision in the Financing Orders, the provisions in the applicable Financing Order shall control.
Financing Orders. Notwithstanding anything herein to the contrary, the provisions of this Patent Security Agreement are subject to the provisions of the Financing Orders, in all respects. If any provision in this Patent Security Agreement conflicts with any provision in the Financing Orders, the provisions in the applicable Financing Order shall control.
Financing Orders. Comply in all respects, after entry thereof, with all requirements and obligations set forth in the Financing Orders, as each such order is amended and in effect from time to time in accordance with this Agreement.
