Common use of Postpetition Financing Documents Clause in Contracts

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 following the entry of this Interim Order and, following the entry of the Final Order, up to an aggregate amount of $5,000,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents. After the entry of the Final Order, the Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, and counsel to the Prepetition Agent, each of which shall have five (5) days from the date of such notice within which to object in writing to such amendment, modification, supplement, or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Court. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower to the Postpetition Lender, are defined and referred to herein as the “Postpetition Obligations.”

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 1,500,000.00 following the entry of this Interim Order and, following the entry of the Final Order, up to an aggregate amount of $5,000,000.002,500,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents. After the entry of the Final Order, the Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, and counsel to the Prepetition Agent, each of which shall have five (5) days from the date of such notice within which to object in writing to such amendment, modification, supplement, or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Court. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower to the Postpetition Lender, are defined and referred to herein as the “Postpetition Obligations.”

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms Sheet and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 following the entry of this the Interim Order and, following the entry of the this Final Order, up to an aggregate amount of $5,000,000.004,500,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents; provided, however, in no event shall Postpetition Lender be required to fund more than the Borrower’s Allocated Share (as hereinafter defined) of overhead, professional fees and other expenses shared with Non-USBIO Debtors. After the entry of the Final Order, the The Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, trustee and counsel to the Prepetition Agent, each of which Committee shall have been given five (5) days from the date written notice of such notice within which any amendment, modification or supplement and shall not have raised an objection prior to object in writing to any such amendment, modification, supplement, modification or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Courtsupplement becoming effective. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower or the Guarantor to the Postpetition Lender, Lender are defined and referred to herein as the “Postpetition Obligations.”

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms Sheet and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 1,500,000.00 following the entry of this the Interim Order and, following the entry of the this Final Order, up to an aggregate amount of $5,000,000.001,500,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents; provided, however, in no event shall Postpetition Lender be required to fund more than the Borrower’s Allocated Share (as hereinafter defined) of overhead, professional fees and other expenses shared with Non-USBIO Debtors. After the entry of the Final Order, the The Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, trustee and counsel to the Prepetition Agent, each of which Committee shall have been given five (5) days from the date written notice of such notice within which any amendment, modification or supplement and shall not have raised an objection prior to object in writing to any such amendment, modification, supplement, modification or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Courtsupplement becoming effective. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower or the Guarantor to the Postpetition Lender, Lender are defined and referred to herein as the “Postpetition Obligations.”

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms Sheet and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 following the entry of this the Interim Order and, following the entry of the this Final Order, up to an aggregate amount of $5,000,000.003,000,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents; provided, however, in no event shall Postpetition Lender be required to fund more than the Borrower’s Allocated Share (as hereinafter defined) of overhead, professional fees and other expenses shared with Non-USBIO Debtors. After the entry of the Final Order, the The Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, trustee and counsel to the Prepetition Agent, each of which Committee shall have been given five (5) days from the date written notice of such notice within which any amendment, modification or supplement and shall not have raised an objection prior to object in writing to any such amendment, modification, supplement, modification or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Courtsupplement becoming effective. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower or the Guarantor to the Postpetition Lender, Lender are defined and referred to herein as the “Postpetition Obligations.”

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms Sheet and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 following the entry of this the Interim Order and, following the entry of the this Final Order, up to an aggregate amount of $5,000,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents; provided, however, in no event shall Postpetition Lender be required to fund more than the Borrower’s Allocated Share (as hereinafter defined) of overhead, professional fees and other expenses shared with Non-USBIO Debtors. After the entry of the Final Order, the The Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, trustee and counsel to the Prepetition Agent, each of which Committee shall have been given five (5) days from the date written notice of such notice within which any amendment, modification or supplement and shall not have raised an objection prior to object in writing to any such amendment, modification, supplement, modification or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Courtsupplement becoming effective. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower or the Guarantor to the Postpetition Lender, Lender are defined and referred to herein as the “Postpetition Obligations.”

Postpetition Financing Documents. The Borrower is hereby (i) authorized to enter into the DIP Financing Term Sheet, the Postpetition Credit Agreement containing terms Sheet and conditions consistent with the DIP Financing Term Sheet, and, from and after the entry of the Final Order, the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $3,000,000.00 following the entry of this the Interim Order and, following the entry of the this Final Order, up to an aggregate amount of $5,000,000.006,000,000.00, incur debt, reimbursement obligations and other obligations, grant Liens, make deposits, provide indemnities and otherwise perform its obligations in accordance with the terms and conditions of the Postpetition Financing Documents; provided, however, in no event shall Postpetition Lender be required to fund more than the Borrower’s Allocated Share (as hereinafter defined) of overhead, professional fees and other expenses shared with Non-USBIO Debtors. After the entry of the Final Order, the The Postpetition Financing Documents may be amended, modified, supplemented or the provisions thereof waived in accordance with their terms, without further order of this Court or notice to any party; provided, however, that if such amendment, modification, supplement or waiver is material and adverse to the Borrower’s estate, notice of any such amendment, modification, supplement or waiver shall be provided to the U.S. Trustee, counsel to any Committee, trustee and counsel to the Prepetition Agent, each of which Committee shall have been given five (5) days from the date written notice of such notice within which any amendment, modification or supplement and shall not have raised an objection prior to object in writing to any such amendment, modification, supplement, modification or waiver, and upon any such timely written objection, such amendment, modification, supplement, or waiver shall only be permitted pursuant to an order of this Courtsupplement becoming effective. All obligations owed to the Postpetition Lender under, or in connection with, the Postpetition Financing Documents, including, without limitation, all loans, advances, other indebtedness, obligations and amounts (contingent or otherwise) owing from time to time under or in connection with the Postpetition Financing Documents, and any and all other obligations at any time incurred by the Borrower or the Guarantor to the Postpetition Lender, Lender are defined and referred to herein as the “Postpetition Obligations.”