Prepetition Indebtedness Sample Clauses

Prepetition Indebtedness. The Borrowers shall not pay or discharge, or cause to be paid or discharged, any Indebtedness of any Borrower incurred before the Filing Date other than payments: (a) approved by the Bankruptcy Court on or about the Filing Date in connection the Borrowers' "first day orders", (b) payments in respect of coverage for director and officer liabilities and constituting the deductible amounts under applicable director and officer insurance policies purchased by the Borrowers, to the extent approved by the Bankruptcy Court and not exceeding the total sum of $500,000, (c) as required in the Reorganization Plan, on or about the effective date of the Reorganization Plan, (d) payments required to be made pursuant to an order of the Bankruptcy Court in the Cases for adequate protection pursuant to the Bankruptcy Code on account of Permitted Prior Liens, provided that in the case of the Prepetition Lender Debt, this exception shall apply only to adequate protection payments in respect of expenses approved by the Final Order, or on account of other Liens primed pursuant to the Final Order by the Liens securing the Obligations, (e) as permitted by paragraph 4 of the Final Order, (f) cure payments on any unexpired leases of real property, and on other executory contracts, assumed by any of the Borrowers pursuant to an order of the Bankruptcy Court in the Cases; or (g) of severance and other employee related payments approved by the Bankruptcy Court, or (h) of Indebtedness incurred pursuant to Section 11.1(e)(iii) of this Credit Agreement (including, without limitation, the incurrence of such Indebtedness). None of the Borrowers shall file any motion with the Bankruptcy Court in accordance with Section 546(g) of the Bankruptcy Code seeking to return any goods shipped to any of the Borrowers prior to the Filing Date, without the Administrative Agent's consent in writing.

Prepetition Indebtedness. The Borrowers shall not pay or discharge, or cause to be paid or discharged, any Indebtedness of any Borrowers incurred before the Petition Date other than payments: (a) approved by the Bankruptcy Court on or about the Petition Date in connection with orders entered prior to the formation of a statutory creditors’ committee, (b) required to be made to the Prepetition Collateral Agent and the Prepetition Lenders pursuant to the Orders, (c) required to be made pursuant to an order of the Bankruptcy Court in the Case for adequate protection pursuant to the Bankruptcy Code on account of Permitted Prior Liens or on account of other Liens primed pursuant to the Orders by the Liens securing the Obligations, (d) as required in a Reorganization Plan, on or about the effective date of the Reorganization Plan, or (e) of severance and other payments approved by the Bankruptcy Court and to which the Lenders consent in writing. None of the Borrowers shall file any motion with the Bankruptcy Court in accordance with Section 546(h) of the Bankruptcy Code seeking to return any goods shipped to any of the Borrowers prior to the Petition Date, without the Lenders’ consent in writing.

Prepetition Indebtedness. The Indebtedness constituting Prepetition Indebtedness (and all amounts owing in respect thereof) as of the date hereof are set forth in Schedule 7.02 annexed hereto. The Prepetition Obligations and the liens and security interests in the Prepetition Collateral are not subject to avoidance, defense, objection, action, counterclaim, setoff or subordination of any kind whatsoever, except pursuant to this Agreement and the Final Borrowing Order. The Prepetition Obligations constitute legal, valid and binding obligations of the Borrower, enforceable in accordance with the terms of the Prepetition Credit Documents and the Indenture, as the case may be, and pursuant to applicable law, except as limited by Debtor Relief Laws (regardless whether such enforceability is considered in a proceeding at law or in equity).

Prepetition Indebtedness. As of the Petition Date, the ------------------------ aggregate principal amount of Debt and letter of credit exposure outstanding and owed under the Existing Credit Facilities (exclusive of any accrued interest, fees or other charges thereunder) is $520,176,612.89, and the aggregate amount outstanding and owed under the Existing Notes (exclusive of any accrued interest, fees or other charges thereunder) is $302,391,000. The aggregate amount of all Prepetition Indebtedness as of the Petition Date, other than the Debt under the Existing Credit Facilities and the Existing Notes, Permitted Intercompany Debt and the other Prepetition Indebtedness set forth on Schedule 9 ---------- hereto, does not exceed $1,000,000.

Prepetition Indebtedness. The Indebtedness and Contingent Obligations constituting Prepetition Indebtedness (and all amounts owing in respect thereof) of Borrowers as of the Petition Date are set forth on Schedule 7.1 annexed hereto. The Prepetition Obligations are secured by valid and enforceable first priority liens and security interests granted by the Prepetition Loan Parties to the Prepetition Agent, for the ratable benefit of the Prepetition Lenders, upon all of the Prepetition Collateral, subject only to Permitted Encumbrances. The Prepetition Obligations and the liens and security interests of the Prepetition Agent, for the ratable benefit of the Prepetition Lenders, in the Prepetition Collateral are not subject to avoidance, defense, objection, action, counterclaim, setoff or subordination of any kind whatsoever. The Prepetition Obligations constitute legal, valid and binding obligations of each Loan, enforceable in accordance with the terms of the Prepetition Credit Documents and pursuant to applicable law, except as limited by general equitable principles (regardless whether such enforceability is considered in a proceeding at law or in equity).

Prepetition Indebtedness. BKRF will not, and will not permit any other RCF Loan Party to, make any payment with respect to Indebtedness created, incurred, assumed or suffered to exist by any RCF Loan Party prior to the Petition Date except as expressly provided for in this Agreement or pursuant to any order entered upon pleadings in form and substance reasonably satisfactory to Vitol.

Prepetition Indebtedness. No Borrower shall consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, any Prepetition Indebtedness if doing so would violate the provisions of the Bankruptcy Code or an order of the Bankruptcy Court.

Prepetition Indebtedness. The Borrower shall not pay or discharge, or permit any of its Subsidiaries to pay or discharge, or cause to be paid or discharged, any Indebtedness of the Borrower incurred before the Petition Date other than payments: (a) approved by the Bankruptcy Court and consented to by the Required Lenders; (b) consistent with the Budget; or (c) as required in the Plan of Reorganization, on or about the effective date of the Plan of Reorganization (except as otherwise expressly provided for therein).

Prepetition Indebtedness. The Borrower shall not pay or discharge, or cause to be paid or discharged, any Indebtedness of the Borrower incurred before the Filing Date other than payments: (a) approved by the Bankruptcy Court and satisfactory to the Lender on or about the Filing Date in connection with the Borrower's "first day orders";