Pre-Petition Payments Clause Samples

Pre-Petition Payments. Except as permitted by the Orders, any Debtor shall make any Pre-Petition Payment other than Pre-Petition Payments authorized by the Bankruptcy Court in accordance with the “first day” orders of the Bankruptcy Court or by other orders entered by the Bankruptcy Court entered with the consent of (or non-objection by) the Required Lenders; or

Pre-Petition Payments. None of the Loan Parties will make any Pre-Petition Payment other than (i) as permitted under the DIP Order, or (ii) any Pre- Petition Payment permitted by order of the Bankruptcy Court and approved by the Required Lenders.

Pre-Petition Payments. Except as permitted by the DIP Facility, the DIP Order, or as otherwise agreed to by the Required Lenders, the Loan Parties shall make (or shall have made) any Pre-Petition Payment other than Pre-Petition Payments authorized by the Bankruptcy Court; or

Pre-Petition Payments. Except as otherwise agreed in writing by the Administrative Agent, the Company or any of its Subsidiaries shall make any Pre-Petition Payment (including, without limitation, any payment in connection with the settlement of any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened, or pursuant to any judgment); or

Pre-Petition Payments. The payment by any Loan Party of any Pre-Petition Debt other than (i) as permitted by the DIP Order or the Cash Collateral Order, (ii) as permitted by any “first day” or “second day” order entered by the Bankruptcy Court prior to the date hereof or (iii) as permitted by any other order of the Bankruptcy Court in amounts reasonably satisfactory to the Administrative Agent, in each case consistent with the Budget; or

Pre-Petition Payments. Shall not make any pre-petition payment other than as permitted in the Orders, including payments in connection with the Existing Securitization Facility or other court order to which each of the Lender and the Sponsor has consented, and shall not waive, amend, modify, terminate or release the provisions of (i) any pre-petition debt or (ii) any document, agreement or instrument evidencing, creating or governing any post-petition indebtedness or any other material pre-petition or post-petition agreement if in the case of clause (i) or (ii), the same could reasonably be expected to adversely affect the Lender.

Pre-Petition Payments. Except as permitted by the Orders or as otherwise agreed to by the Required Lenders, any Debtor shall make any Pre-Petition Payment other than (i) Pre-Petition Payments authorized by the Bankruptcy Court in accordance with “first day” orders entered into on or prior to the date hereof or other orders of the Bankruptcy Court entered with the consent of (or non-objection by) the Required Lenders or (ii) Pre-Petition Payments set forth on Schedule 8.01(p); or

Pre-Petition Payments. Any Abitibi Entity that is a party to any of the Cases shall make any Pre-Petition Payment other than Pre-Petition Payments authorized by the Bankruptcy Court in accordance with “first day” orders entered in the US Cases or as authorized by the Canadian Initial Order, the Canadian Amended Order, the US Interim Order or other orders of the Bankruptcy Court or the Canadian Court entered with the consent of (or non-objection by) the Agent (acting at the direction of the Majority Banks);

Pre-Petition Payments. Shall not make any pre-petition payment other than as permitted in the Orders, including payments in connection with any other court order to which the Lender has consented or not objected, and shall not waive, amend, modify, terminate or release the provisions of (i) any pre-petition debt or (ii) any document, agreement or instrument evidencing, creating or governing any post-petition indebtedness or any other material pre-petition or post-petition agreement if in the case of clause (i) or (ii), the same could reasonably be expected to adversely affect the Lender or Alcoa.