No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees that (a) the Obligations shall not be discharged by the entry of an order confirming a Reorganization Plan (and the Borrower and each of the other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claim granted to the Lender pursuant to the DIP Financing Order and described in Section 2.10 and the Liens granted to the Lender pursuant to the DIP Financing Order and described in Section 9.01 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Cases.
Appears in 2 contracts
Samples: Debtor in Possession Credit and Security Agreement, Debtor in Possession Credit and Security Agreement (Ata Holdings Corp)
No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees Borrowers agree that (a) 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 the Borrower and each of the other Loan PartiesBorrowers, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives waive any such discharge) ), and (b) the superpriority administrative claim granted to expense status afforded the Lender Obligations pursuant to the DIP Final Financing Order and described in Section 2.10 2.17 and the Liens granted to the Lender Collateral Agent and the Lenders pursuant to the DIP Final Financing Order and described in Section 9.01 2.17 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any CasesChapter 11 Case.
Appears in 1 contract
No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan (and the Borrower and each of the other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (b) the superpriority administrative claim granted to the Lender pursuant to the DIP Financing Interim Order and Final Order and described in Section 2.10 and the Liens granted to the Lender pursuant to the DIP Financing Interim Order and Final Order and described in Section 9.01 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan in any Cases.
Appears in 1 contract
Samples: Secured Debtor in Possession Credit and Security Agreement (Ata Holdings Corp)
No Discharge; Survival of Claims. The Borrower and each of agrees, to the other Loan Parties agrees extent applicable, that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in the Bankruptcy Case (and the Borrower and each of the other Loan PartiesBorrower, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) ), and (b) the superpriority any super-priority administrative claim granted to the Lender pursuant to the DIP Financing Order and any order described in this Section 2.10 9 and the Liens granted to the Lender pursuant to the DIP Financing Order and any order described in this Section 9.01 9 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any Casesthe Bankruptcy Case.
Appears in 1 contract
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Rancher Energy Corp.)
No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees Guarantors agree, to the extent applicable, that (a) the Obligations hereunder shall not be discharged by the entry of an order confirming a Reorganization Plan plan of reorganization in the Chapter 11 Cases (and the Borrower and each of the other Loan PartiesGuarantors, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives waive any such discharge) and (b) the superpriority any super-priority administrative claim granted to the Lender pursuant to the DIP Financing Order and any order described in Section 2.10 1.12 and the Liens granted to the Lender pursuant to the DIP Financing Order and any order described in Section 9.01 1.12 shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any the Chapter 11 Cases.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Torrent Energy Corp)
No Discharge; Survival of Claims. The Borrower and each of the other Loan Parties agrees that except as otherwise expressly agreed to by Lender (a) 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 the Borrower and each of the other Loan Parties, pursuant to Section 1141(d)(4) of the Bankruptcy Code, hereby waives any such discharge) and (bii) the superpriority super-priority administrative claim granted to the Lender pursuant to the DIP Financing Interim Order and Final Order and described in Section 2.10 2.9(b) and the Liens granted to the Lender pursuant to the DIP Financing Final Order and described in Section 9.01 2.9(c) shall not be affected in any manner by the entry of an order confirming a Reorganization Plan plan of reorganization in any Casesthe Chapter 11 Case.
Appears in 1 contract
Samples: Credit and Security Agreement (Apex Silver Mines LTD)
