Prepetition Payments Sample Clauses

Prepetition Payments except as permitted by and subject to the terms of the Final Borrowing Order, the Borrower or any of its Subsidiaries shall make any Prepetition Payment other than Prepetition Payments authorized by the Bankruptcy Court in respect of: (i) accrued payroll and related expenses and employee benefits as of the Petition Date, (ii) the satisfaction and termination of the Prepetition Debt, (iii) First Day Orders and approved critical vendor payments not in excess of $22,000,000 in the aggregate and (iv) any other payments set forth in the DIP Budget; or
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Prepetition Payments. Except as permitted by the Interim Financing Order or Final Financing Order, or as otherwise permitted by this Agreement (including in connection with adequate protection payments), or as otherwise agreed to by the Agent (after reasonable consultation with the Required Term Lenders’ Advisors), if the Company shall make any Prepetition Payment other than Prepetition Payments authorized by the Bankruptcy Court (1) in accordance with “first day” or “second day” orders entered with the consent of (or non-objection by) the Agent (in each case after reasonable consultation with the Required Term Lenders’ Advisors) on or prior to June 9, 2013 or other orders of the Bankruptcy Court entered with the consent of (or non-objection by) the Agent (in each case after reasonable consultation with the Required Term Lenders’ Advisors), (2) in connection with the assumption of executory contracts and unexpired leases with the consent of (or non-objection by) the Agent (after reasonable consultation with the Required Term Lenders’ Advisors), (3) in respect of accrued payroll and related expenses and employee benefits as of the Petition Date and (4) in respect of other Prepetition Payments authorized by order of the Bankruptcy Court entered with the consent of (or non-objection by) the Agent (in each case after reasonable consultation with the Required Term Lenders’ Advisors) in an aggregate amount not to exceed $5,000,000.
Sample 1
Prepetition Payments except as permitted by the Orders or as otherwise agreed to by the Required Lenders, the Borrower shall make any Prepetition Payment other than any Prepetition Payment (A) in respect of accrued payroll and related expenses as of Filing Date or (B) authorized by the Bankruptcy Court in accordance with the First Day Orders or other orders of the Bankruptcy Court entered with the consent of (or non-objection by) the Required Lenders;
Sample 1
Prepetition Payments. The Borrower or any Credit Party shall make any Prepetition Payment other than (i) as permitted by the Interim DIP Order or the Final DIP Order, (ii) as otherwise permitted by this Agreement, (iii) as otherwise ordered by the Bankruptcy Court and agreed in writing by Administrative Agent (with the consent of the Required Lenders) in its sole discretion or (iv) as authorized by the Bankruptcy Court (A) in accordance with the First Day Orders or any other orders of the Bankruptcy Court entered with the consent of (or without any objection by) Administrative Agent (with the consent of the Required Lenders), (B) in connection with the assumption of executory contracts and unexpired leases with the consent of (or non-objection by) Administrative Agent(with the consent of the Required Lenders), (C) in respect of accrued payroll and related expenses and employee benefits as of the Petition Date or (D) in respect of other Prepetition Payments in an aggregate amount not to exceed $7,500,000, in each case to the extent such payments are otherwise in compliance with the Budget Covenant.
Sample 1
Prepetition Payments. No Loan Party shall make any Prepetition Payment other than Prepetition Payments specifically contemplated in the first-day orders, the Orders, the Budget or payments in connection with the assumption of any contract or lease approved by the Bankruptcy Court and consented to by the Administrative Agent.
Sample 1
Prepetition Payments. Except as permitted by the Bankruptcy Court Orders or as otherwise agreed in writing by the Administrative Agent, the Company or any of its Subsidiaries shall make any Prepetition Payment other than (i) Prepetition Payments authorized by the Bankruptcy Court in accordance with ‘first day’ orders and (ii) as expressly provided in Exhibit C to the Restructuring Support Agreement provided that Silver Point Consent (as defined in the Restructuring Support Agreement) has been given in accordance with the terms of the Restructuring Support Agreement; or
Sample 1
Prepetition Payments. Except to the extent permitted hereunder, under the Orders or under the Budget, no Loan Party shall, without the express prior written consent of the Administrative Agent and Required Lenders or pursuant to an order of the Bankruptcy Court after notice and a hearing, use the proceeds of the Loans or cash collateral to make any Prepetition Payment.
Sample 1
AutoNDA by SimpleDocs
Prepetition Payments. Without the prior written consent of the Administrative Agent, no Loan Party shall, or shall apply to the Bankruptcy Court for authority to: (i) make any payment with respect to prepetition obligations of any of the Loan Parties (other than as permitted by the first-day orders, the Orders or this Agreement), (ii) amend, modify or change any agreement or document relating to any prepetition Indebtedness, or (iii) make any payment on any post-petition Indebtedness outside of such Loan Party's ordinary course of business; PROVIDED, HOWEVER, (i) the Loan Parties may make the payments specifically contemplated in the first-day orders, the Budget or payments in connection with the assumption of any contract or lease approved by the Xxxxxxxxxx Xxxxx xxx consented to by the Administrative Agent pursuant to subsection 7.21 hereof and (ii) the Loan Parties may apply to the Bankruptcy Court for authority to make any such payments or changes upon, and in connection with, the confirmation of a Conforming Plan and PROVIDED, FURTHER that the Administrative Agent shall (for the purposes of this Agreement and without prejudice to the right of any Agent or Lender to object in any proceeding before the Bankruptcy Court) be deemed to have consented to any matter otherwise prohibited under this subsection 7.19 if it shall have failed to object within 15 days of its receipt of written notice from Borrower identifying the action proposed to be taken.
Sample 1
Prepetition Payments. Holdings will not, will not permit any of its Subsidiaries to, and will not apply to the Bankruptcy Court for authority to (a) make any payment in respect of pre-Petition Date Indebtedness including payments to pre-Petition Date vendors (other than as permitted by the Orders), (b) amend, modify or change any agreement or document relating to any pre-Petition Date Indebtedness, and (c) make any payment on any post-Petition Date Indebtedness outside the Borrower's ordinary course of business; provided, however, that the Credit Parties may make the payments specifically contemplated in the first day orders referred to in Section 5.1(b) so long as such payments are consistent with the applicable Budget and the terms of this Agreement.
Sample 1

Related to Prepetition Payments

  • Termination Payments In the event of termination of the Executive’s employment during the Employment Period, all compensation and benefits set forth in this Agreement shall terminate except as specifically provided in this Section 8.

  • Note Payments The Company agrees that, so long as any Purchaser shall hold any Note, it will make payments of principal of, interest on, and any Yield-Maintenance Amount payable with respect to, such Note, which comply with the terms of this Agreement, by wire transfer of immediately available funds for credit (not later than 12:00 noon, New York City local time, on the date due) to (i) the account or accounts of such Purchaser specified in the Purchaser Schedule attached hereto in the case of any Series A Note, (ii) the account or accounts of such Purchaser specified in the Confirmation of Acceptance with respect to such Note in the case of any Shelf Note or (iii) such other account or accounts in the United States as such Purchaser may from time to time designate in writing, notwithstanding any contrary provision herein or in any Note with respect to the place of payment. Each Purchaser agrees that, before disposing of any Note, it will make a notation thereon (or on a schedule attached thereto) of all principal payments previously made thereon and of the date to which interest thereon has been paid. The Company agrees to afford the benefits of this paragraph 11A to any Transferee which shall have made the same agreement as the Purchasers have made in this paragraph 11A.

  • Retention Payments (a) In the event that Executive is employed by the Company on January 1, 2002, Executive shall be entitled to a lump sum cash retention payment equal to 150% of the sum of (i) Executive's Base Salary and (ii) Executive's target annual bonus, each as in effect for the 2001 fiscal year (such sum, the "2002 Retention Bonus").

  • Tax Treatment of Swap Payments and Swap Termination Payments For federal income tax purposes, each holder of a Floating Rate Certificate is deemed to own an undivided beneficial ownership interest in a REMIC regular interest and the right to receive payments from either the Net WAC Rate Carryover Reserve Account or the Swap Account in respect of the Net WAC Rate Carryover Amount or the obligation to make payments to the Swap Account. For federal income tax purposes, the Trust Administrator will account for payments to each Floating Rate Certificates as follows: each Floating Rate Certificate will be treated as receiving their entire payment from REMIC III (regardless of any Swap Termination Payment or obligation under the Interest Rate Swap Agreement) and subsequently paying their portion of any Swap Termination Payment in respect of each such Class’ obligation under the Interest Rate Swap Agreement. In the event that any such Class is resecuritized in a REMIC, the obligation under the Interest Rate Swap Agreement to pay any such Swap Termination Payment (or any shortfall in Swap Provider Fee), will be made by one or more of the REMIC Regular Interests issued by the resecuritization REMIC subsequent to such REMIC Regular Interest receiving its full payment from any such Floating Rate Certificate. The REMIC regular interest corresponding to a Floating Rate Certificate will be entitled to receive interest and principal payments at the times and in the amounts equal to those made on the certificate to which it corresponds, except that (i) the maximum interest rate of that REMIC regular interest will equal the Net WAC Pass-Through Rate computed for this purpose by limiting the Swap Notional Amount of the Interest Rate Swap Agreement to the aggregate Stated Principal Balance of the Mortgage Loans and (ii) any Swap Termination Payment will be treated as being payable solely from Net Monthly Excess Cashflow. As a result of the foregoing, the amount of distributions and taxable income on the REMIC regular interest corresponding to a Floating Rate Certificate may exceed the actual amount of distributions on the Floating Rate Certificate.

  • Amortization Payments The Company shall make three payments (each an “Amortization Payment”) as follows: on the six-month anniversary of the Original Issue Date, on the seven-month anniversary of the Original Issue Date, and on the Maturity Date (each such date a “Payment Date”), provided that if any Payment Date is not a Business Day, then the applicable payment shall be due on the next succeeding Business Day. Each Amortization Payment shall be equal to one-third of the original principal amount of the Note, plus all accrued interest thereon as of the Payment Date, as adjusted pursuant to Section 2(c) below. At the Holder’s option (except as set forth herein), payment may be made in cash or in duly authorized, validly issued, fully paid and non-assessable shares of Common Stock, provided the Company complies with the Equity Conditions provided in Section 2(d), below.

  • Separation Payments Following Executive’s separation from service with Company on or after his Vesting Date (as defined in Section 7), Company shall pay to Executive the sum of THIRTY-FOUR THOUSAND TWO HUNDRED SEVEN and 04/100 Dollars ($34,207.04) per month, beginning six months and one week after Executive’s date of separation for a period of ten (10) years, or until Executive’s death, whichever first occurs (the “Separation Payments”). Such payments shall be subject to any and all applicable withholding, Social Security, employment, income and other taxes or assessments, if any, under the applicable tax law. If Executive should die during the ten-year period during which payments are being made under this Paragraph 3, then those payments shall terminate and future payments, if any, shall be made to Executive’s designated beneficiary(ies) or Executive’s estate in accordance with the provisions of Paragraph 4 of this Agreement.

  • Loan Payments (a) The Loan shall bear interest at a fixed rate per annum equal to the Note Rate. Interest shall be computed based on the daily rate produced assuming a three hundred sixty (360) day year, multiplied by the actual number of days elapsed. Except as otherwise set forth in this Agreement, interest shall be paid in arrears.

  • Upfront Payments Within ten (10) days of the Effective Date, Celgene shall pay Acceleron Twenty-Five Million U.S. Dollars ($25,000,000) as an upfront, non-creditable, nonrefundable fee, relating to the license grants set forth in Article 4.

  • Indemnification Payments The indemnification required by Sections 6.1 and Section 6.2 shall be made by periodic payments of the amount thereof during the course of the investigation or defense, as and when bills are received or expense, loss, damage or liability is incurred.

  • Ratable Payments If any Lender, whether by setoff or otherwise, has payment made to it upon its Loans (other than payments received pursuant to Section 3.1, 3.2, 3.4 or 3.5) in a greater proportion than that received by any other Lender, such Lender agrees, promptly upon demand, to purchase a portion of the Loans held by the other Lenders so that after such purchase each Lender will hold its ratable proportion of Loans. If any Lender, whether in connection with setoff or amounts which might be subject to setoff or otherwise, receives collateral or other protection for its Obligations or such amounts which may be subject to setoff, such Lender agrees, promptly upon demand, to take such action necessary such that all Lenders share in the benefits of such collateral ratably in proportion to their Loans. In case any such payment is disturbed by legal process, or otherwise, appropriate further adjustments shall be made.

Time is Money Join Law Insider Premium to draft better contracts faster.