No Discharge; Survival of Claims. Each of the Borrowers agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Order and described in Section 2.23 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 5 contracts
Samples: Loan and Guaranty Agreement (Federal Mogul Corp), Revolving Credit Agreement (Interstate Bakeries Corp/De/), Credit and Guaranty Agreement (Usg Corp)
No Discharge; Survival of Claims. Each of the The Borrowers agrees agree that (i) its obligations the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in any Chapter 11 Case (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives waive any such discharge) and (ii) the Superpriority Claim super-priority administrative claim granted to the Administrative Agent and the Lenders pursuant to the Interim Order and Final Order and described in Section 2.23 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.2.09
Appears in 2 contracts
Samples: Possession Credit Agreement (Pacific Ethanol, Inc.), Possession Credit Agreement (Pacific Ethanol, Inc.)
No Discharge; Survival of Claims. Each of the Borrowers -------------------------------- agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Order and described in Section 2.23 shall not ------------ be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Bethlehem Steel Corp /De/), Credit and Guaranty Agreement (Bethlehem Steel Corp /De/)
No Discharge; Survival of Claims. Each of the Borrowers agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Approval Order and described in Section 2.23 2.24 shall not be affected in any manner by the entry of an order confirming a Plan of ReorganizationReorganization Plan.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Federal Mogul Corp), Credit and Guaranty Agreement (Federal Mogul Corp)
No Discharge; Survival of Claims. Each of the Borrowers -------------------------------- agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Order and described in Section 2.23 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrowers Borrower agrees that (i) its obligations hereunder under this Agreement shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrowers, pursuant to Section under section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Junior Lenders pursuant to the Final Order and described in Section 2.23 3.1 and the Liens granted to the Junior Lenders pursuant to the Final Order and described in Section 3.2 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 1 contract
Samples: Nutramax Products Inc /De/
No Discharge; Survival of Claims. Each of the Borrowers agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Order Orders and described in Section 2.23 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 1 contract
Samples: Revolving Credit Agreement (Interstate Bakeries Corp/De/)
No Discharge; Survival of Claims. Each of the Borrowers Borrower agrees that (i) its obligations hereunder under this Agreement shall not be discharged by the entry of an order confirming a Plan of Reorganization Plan (and each of the Borrowers, pursuant to Section under section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Final Order and described in Section 2.23 4.1 and the Liens granted to the Agent pursuant to the Final Order and described in Section 4 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 1 contract
Samples: Possession Credit Agreement (Nutramax Products Inc /De/)
No Discharge; Survival of Claims. Each of the Borrowers agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan any plan of reorganization (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent Lenders’ Post-Petition Super-Priority and the Lenders pursuant to Lender Group’s Liens as approved under the Order and described in Section 2.23 Final Financing Order, shall not be affected in any manner by the entry of an any order in the Chapter 11 Cases, including any order confirming a Plan any plan of Reorganizationreorganization.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrowers agrees that (i) its indebtedness and obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim Claims granted to the Administrative Agent and the Lenders pursuant to the Order Orders and described in Section 2.23 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.Section
Appears in 1 contract
Samples: Dip Credit Agreement
No Discharge; Survival of Claims. Each of the Borrowers -------------------------------- agrees that (i) its obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the Borrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Order and described in Section 2.23 shall not be ------- ---- affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 1 contract
No Discharge; Survival of Claims. Each of the Borrowers agrees The Debtors agree that (i) its obligations hereunder their Obligations shall not be discharged by the entry of an order confirming a Reorganization Plan (and each of the BorrowersDebtors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim Claims granted to the Administrative Agent and the Lenders pursuant to the Order Orders and described in Section 2.23 2.22 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hayes Lemmerz International Inc)
No Discharge; Survival of Claims. Each of the Borrowers The Borrower agrees that (i) its obligations the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in the Chapter 11 Case (and each of the BorrowersBorrower, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim super-priority administrative claim granted to the Administrative Agent and the Lenders pursuant to the Interim Order and Final Order and described in Section 2.23 shall not be affected in any manner by the entry of an order confirming a Plan of Reorganization.2.09
Appears in 1 contract
Samples: Possession Credit Agreement (First United Ethanol LLC)
No Discharge; Survival of Claims. Each of the Borrowers agrees that (i) its obligations Obligations hereunder shall not be discharged by the entry of an order confirming a any Reorganization Plan (and each of the Borrowers, Borrowers pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (ii) the Superpriority Claim granted to the Administrative Agent and the Lenders pursuant to the Financing Order and as described in Section 2.23 7.1.8 shall not be affected in any manner by the entry of an order confirming any Reorganization Plan or the appointment of a Plan of Reorganizationtrustee by the Bankruptcy Court.
Appears in 1 contract
