Post Bankruptcy Issues Sample Clauses

Post Bankruptcy Issues. 19.1 This Agreement shall continue in full force and effect during the term set forth herein, notwithstanding the commencement by or against a Credit Party of an Insolvency Proceeding during the pendency of which, so long as the Subordinated Lienholder Obligations and the Senior Lienholders Obligations have not been fully and indefeasibly paid and satisfied, all of the terms and provisions hereof shall remain and continue in full force and effect.
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Post Bankruptcy Issues. If any Loan Party shall become the subject of any Insolvency Proceeding under the Bankruptcy Code and if BA shall desire to provide financing to such Loan Party under either Section 363 or Section 364 of the Bankruptcy Code (without obtaining a priority lien under Section 364(d) on the Trustee Senior Collateral) or BA consents to the use of cash collateral by such Loan Party under Section 363 of the Bankruptcy Code, Trustee hereby agrees as follows: (i) adequate notice to Trustee shall have been provided for such financing if Trustee receives notice two (2) business days prior to the entry of the order approving such financing and (ii) no objection will be raised by Trustee to any such financing on the ground of a failure to provide "adequate protection" for Trustee's junior lien position on the BA Senior Collateral so long as the terms of such financing do not provide financing in excess of the amounts or advance rates permitted pursuant to Section 2.5 hereof. For purposes of this paragraph, notice of a proposed financing shall be deemed given upon the giving of notice by telegram, facsimile (receipt confirmed) or hand delivery to the Trustee, at the addresses and locations indicated in Section 3.1. This Agreement shall be applicable both before and after the filing of any petition by or against a Loan Party under the Bankruptcy Code and all references herein to a Loan Party shall be deemed to apply to such Loan Party as debtor-in-possession and all allocations of payments between BA and Trustee shall, subject to any court order approving the financing of the Borrower as debtor-in-possession, continue to be made after the filing thereof on the same basis that the payments were to be applied prior to the date of the petition. The Party with the junior priority position hereunder waives any right to (i) seek relief from the automatic stay under Section 362 of the Bankruptcy Code with respect to Collateral in which it has a junior lien, unless such relief has been granted to the Party having the senior priority position hereunder and (ii) object to any relief from the automatic stay under Section 362 of the Bankruptcy Code sought by a Party with respect to Collateral in which the Party seeking such relief has the senior priority position.
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Post Bankruptcy Issues. This Agreement shall be applicable both before and after the filing of any petition by or against the Company under any applicable bankruptcy, reorganization or insolvency law and all references herein to the Company shall be deemed to apply to the Company as Debtor-in-Possession and all allocations of payments between MCF and FGI shall, subject to any court order approving the financing of the Company as debtor-in-possession, continue to be made after the filing thereof on the same basis that the payments were to be applied prior to the date of any petition. If MCF shall desire to permit the use of cash collateral or to provide financing to the Company under any applicable bankruptcy, reorganization or insolvency law, FGI agrees that it will not object to any use of such cash collateral or financing on the ground of a failure to provide adequate protection for FGI so long as MCF does not impair any of FGI’s Collateral. Likewise, MCF agrees that it will not object to any use of such cash collateral or financing on the ground of a failure to provide adequate protection for MCF so long as FGI does not impair any of MCF’s Collateral.
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Post Bankruptcy Issues. (a) This Agreement shall continue in full force and effect during the term set forth herein, notwithstanding the commencement by or against any Credit Party of an insolvency or bankruptcy case or proceeding or any receivership, liquidation, reorganization or other similar case or proceeding during the pendency of which, so long as the Junior Debt has not been fully and indefeasibly paid and satisfied, and the Senior Debt has not been fully paid and the Senior Creditor Documents and all outstanding commitments of each Senior Creditor for the incurring of additional Senior Debt shall not have been irrevocably terminated in writing, all of the terms and provisions hereof shall remain and continue in full force and effect.
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Post Bankruptcy Issues. The intercreditor provisions of this Section 11 shall remain effective as to the parties hereto notwithstanding dismissal of the Cases or the conversion of the Cases to case(s) under Chapter 7 of the Bankruptcy Code.
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Related to Post Bankruptcy Issues

  • Bankruptcy, Insolvency, etc The Borrower or any of its Subsidiaries or any other Obligor shall

  • Bankruptcy, etc The Borrower or any Specified Subsidiary shall commence a voluntary case, proceeding or action concerning itself under (a) Title 11 of the United States Code entitled “Bankruptcy”, or (b) in the case of any Foreign Subsidiary that is a Specified Subsidiary, any domestic or foreign law relating to bankruptcy, judicial management, insolvency, reorganization, administration or relief of debtors in effect in its jurisdiction of incorporation, in each case as now or hereafter in effect, or any successor thereto (collectively, the “Bankruptcy Code”); or an involuntary case, proceeding or action is commenced against the Borrower or any Specified Subsidiary and the petition is not controverted within 30 days after commencement of the case, proceeding or action; or an involuntary case, proceeding or action is commenced against the Borrower or any Specified Subsidiary and the petition is not dismissed within 60 days after commencement of the case, proceeding or action; or a custodian (as defined in the Bankruptcy Code), judicial manager, receiver, receiver manager, trustee, administrator or similar person is appointed for, or takes charge of, all or substantially all of the property of the Borrower or any Specified Subsidiary; or the Borrower or any Specified Subsidiary commences any other voluntary proceeding or action under any reorganization, arrangement, adjustment of debt, relief of debtors, dissolution, insolvency, administration or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Borrower or any Specified Subsidiary; or there is commenced against the Borrower or any Specified Subsidiary any such proceeding or action that remains undismissed for a period of 60 days; or the Borrower or any Specified Subsidiary is adjudicated insolvent or bankrupt; or any order of relief or other order approving any such case or proceeding or action is entered; or the Borrower or any Specified Subsidiary suffers any appointment of any custodian receiver, receiver manager, trustee, administrator or the like for it or any substantial part of its property to continue undischarged or unstayed for a period of 60 days; or the Borrower or any Specified Subsidiary makes a general assignment for the benefit of creditors; or any corporate action is taken by the Borrower or any Specified Subsidiary for the purpose of effecting any of the foregoing; or

  • Bankruptcy; Insolvency Upon the occurrence of any proceeding of the type described in Section 5.1(d) of the Sale Agreement involving SPV as debtor, then and in any such event the Senior Claimants shall receive payment in full of all amounts due or to become due on or in respect of Capital and the Senior Claim (including "CP Costs" and "Yield" as defined and as accruing under the Purchase Agreement after the commencement of any such proceeding, whether or not any or all of such CP Costs or Yield is an allowable claim in any such proceeding) before Originator is entitled to receive payment on account of this Subordinated Note, and to that end, any payment or distribution of assets of SPV of any kind or character, whether in cash, securities or other property, in any applicable insolvency proceeding, which would otherwise be payable to or deliverable upon or with respect to any or all indebtedness under this Subordinated Note, is hereby assigned to and shall be paid or delivered by the Person making such payment or delivery (whether a trustee in bankruptcy, a receiver, custodian or liquidating trustee or otherwise) directly to the Agent for application to, or as collateral for the payment of, the Senior Claim until such Senior Claim shall have been paid in full and satisfied.

  • Bankruptcy, Insolvency or Reorganization Proceedings If an Event of Default specified under Section 9.1.12 [Relief Proceedings] shall occur, the Lenders shall be under no further obligations to make Loans hereunder and the Issuing Lender shall be under no obligation to issue Letters of Credit and the unpaid principal amount of the Loans then outstanding and all interest accrued thereon, any unpaid fees and all other Indebtedness of the Borrower to the Lenders hereunder and thereunder shall be immediately due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived; and

  • No Bankruptcy Proceedings No Person shall have commenced a proceeding against the Company pursuant to or within the meaning of any Bankruptcy Law. The Company shall not have, pursuant to or within the meaning of any Bankruptcy Law, (a) commenced a voluntary case, (b) consented to the entry of an order for relief against it in an involuntary case, (c) consented to the appointment of a Custodian of the Company or for all or substantially all of its property, or (d) made a general assignment for the benefit of its creditors. A court of competent jurisdiction shall not have entered an order or decree under any Bankruptcy Law that (I) is for relief against the Company in an involuntary case, (II) appoints a Custodian of the Company or for all or substantially all of its property, or (III) orders the liquidation of the Company or any of its Subsidiaries.

  • No Bankruptcy Petition Each Underwriter agrees that, prior to the date which is one year and one day after the payment in full of all securities issued by the Company or by a trust for which the Company was the depositor, which securities were rated by any nationally recognized statistical rating organization, it will not institute against, or join any other person in instituting against, the Company any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other proceedings under any Federal or state bankruptcy or similar law.

  • Events of Default Other Than Bankruptcy, Insolvency or Reorganization Proceedings If an Event of Default specified under Sections 9.1.1 through 9.1.10 shall occur and be continuing, the Lenders and the Administrative Agent shall be under no further obligation to make Loans and the Issuing Lender shall be under no obligation to issue Letters of Credit and the Administrative Agent may, and upon the request of the Required Lenders, shall (i) by written notice to the Borrower, declare the unpaid principal amount of the Notes then outstanding and all interest accrued thereon, any unpaid fees and all other Indebtedness of the Borrower to the Lenders hereunder and thereunder to be forthwith due and payable, and the same shall thereupon become and be immediately due and payable to the Administrative Agent for the benefit of each Lender without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, and (ii) require the Borrower to, and the Borrower shall thereupon, deposit in a non-interest-bearing account with the Administrative Agent, as cash collateral for its Obligations under the Loan Documents, an amount equal to the maximum amount currently or at any time thereafter available to be drawn on all outstanding Letters of Credit, and the Borrower hereby pledges to the Administrative Agent and the Lenders, and grants to the Administrative Agent and the Lenders a security interest in, all such cash as security for such Obligations; and

  • No Bankrupt Obligors As of the Cutoff Date, no Receivable was due from an Obligor that was the subject of a proceeding under the Bankruptcy Code of the United States or was bankrupt.

  • Borrower Bankruptcy To the Mortgage Loan Seller's knowledge, no Borrower under a Mortgage Loan is a debtor in any state or federal bankruptcy, insolvency or similar proceeding. To the Mortgage Loan Seller's knowledge, as of the origination of the Mortgage Loan, none of (x) the nonrecourse carveout guarantors or nonrecourse carveout indemnitors under the Mortgage Loan, (y) any tenant with respect to more than 75% of the net rentable area at the related Mortgaged Property that is an Affiliate of the Borrower or (z) the sole tenant at the Mortgaged Property (in the case of this clause (z), if substantially all of the Mortgaged Property is leased to a single tenant and the tenant was the owner of the Mortgaged Property immediately prior to the origination of the Mortgage Loan) was a debtor in any state or federal bankruptcy, insolvency or similar proceeding.

  • Involuntary Bankruptcy or Insolvency Proceedings Proceedings for the appointment of a receiver, trustee, liquidator or custodian of the Company or of all or a substantial part of the property thereof, or an involuntary case or other proceedings seeking liquidation, reorganization or other relief with respect to the Company or the debts thereof under any bankruptcy, insolvency or other similar law or hereafter in effect shall be commenced and an order for relief entered or such proceeding shall not be dismissed or discharged within thirty (30) days of commencement.

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