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 Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $500,000 following the entry of this Interim Order and 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 DIP Financing Term Sheet and the other Postpetition Financing Documents. The DIP Financing Term Sheet and the other 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 the U.S. trustee and the Committee shall have been given five (5) days written notice of any amendment, modification or supplement and shall not have raised an objection prior to any such amendment, modification or supplement 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 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, Sheet and the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $500,000 3,000,000.00 following the entry of the Interim Order and, following the entry of this Interim Order and Final Order, up to an aggregate amount of $4,500,000.00, 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 DIP Financing Term Sheet and the other 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. The DIP Financing Term Sheet and the other 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 the U.S. trustee and the Committee shall have been given five (5) days written notice of any amendment, modification or supplement and shall not have raised an objection prior to any such amendment, modification or supplement 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 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, Sheet and the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $500,000 3,000,000.00 following the entry of the Interim Order and, following the entry of this Interim Order and Final Order, up to an aggregate amount of $6,000,000.00, 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 DIP Financing Term Sheet and the other 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. The DIP Financing Term Sheet and the other 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 the U.S. trustee and the Committee shall have been given five (5) days written notice of any amendment, modification or supplement and shall not have raised an objection prior to any such amendment, modification or supplement 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 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, Sheet and the other Postpetition Financing Documents, and (ii) authorized to borrow funds up to the Interim Amount of $500,000 3,000,000.00 following the entry of the Interim Order and, following the entry of this Interim Order and 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 DIP Financing Term Sheet and the other 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. The DIP Financing Term Sheet and the other 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 the U.S. trustee and the Committee shall have been given five (5) days written notice of any amendment, modification or supplement and shall not have raised an objection prior to any such amendment, modification or supplement 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 are defined and referred to herein as the “Postpetition Obligations.”