Common use of Survival of Interim Order Clause in Contracts

Survival of Interim Order. The provisions of this Interim Order and any actions taken pursuant hereto shall survive entry of any order which may be entered (i) confirming any Plan in the Cases, (ii) converting any of the Cases to a case under Chapter 7 of the Bankruptcy Code, (iii) to the extent authorized by applicable law, dismissing any of the Cases, (iv) withdrawing of the reference of any of the Cases from this Court or (v) providing for abstention from handling or retaining of jurisdiction of any of the Cases in this Court. The terms and provisions of this Interim Order, including the DIP Liens and DIP Superpriority Claim granted pursuant to this Interim Order, and any protections granted to or for the benefit of the Prepetition Secured Parties (including the Adequate Protection Liens and the Adequate Protection Superpriority Claim), shall continue in full force and effect notwithstanding the entry of such order, and such DIP Liens and DIP Superpriority Claim and protections for the Prepetition Secured Parties (including the Adequate Protection Liens and the Adequate Protection Superpriority Claim) shall maintain their priority as provided by this Interim Order, the other DIP Loan Documents and the Prepetition Loan Documents (as the case may be), including any intercreditor arrangement or agreements in respect thereof, until all of the DIP Obligations and the Prepetition Obligations have been indefeasibly paid and satisfied in full in cash (including the cash collateralization of all Letters of Credit and all prepetition letters of credit in accordance with the DIP Loan Documents and the Prepetition Loan Documents, as the case may be) and discharged.

Survival of Interim Order. The provisions of this Interim Order Order, the DIP Loan Documents and the Secured Swap Agreements any actions taken pursuant hereto or thereto, and all of the DIP Protections (including the Existing Secured Party Adequate Protection), and all other rights, remedies, Liens, priorities, privileges, protections, and benefits granted to any or all of the DIP Secured Parties and the Existing Secured Parties, respectively, shall survive survive, and shall not be modified, impaired, or discharged by, the entry of any order which may be entered (i) confirming any Plan plan of reorganization in the Casesany Case or Successor Case, (ii) converting any of the Cases Case to a case under Chapter 7 of the Bankruptcy Code, (iii) to the extent authorized by applicable lawchapter 7, dismissing any of the Cases, (iv) withdrawing of the reference of any of the Cases from this Court or (v) any Successor Cases or providing for abstention from handling or retaining of jurisdiction of any of the Cases or any Successor Case in this Court, or terminating the joint administration of these Cases or any Successor Case or by any other act or omission. The terms and provisions of this Interim Order, including all of the DIP Liens and DIP Superpriority Claim granted pursuant to this Interim Order, and any protections granted to or for the benefit of the Prepetition Secured Parties Protections (including the Existing Secured Party Adequate Protection Liens Protection) and all other rights, remedies, Liens, priorities, privileges, protections, and benefits granted to any or all of the DIP Secured Parties and the Adequate Protection Superpriority Claim)Existing Secured Parties, respectively, shall continue in full force and effect and be binding on all parties in interest notwithstanding the entry of any such order, and such DIP Liens and DIP Superpriority Claim and protections for the Prepetition Secured Parties Protections (including the Existing Secured Party Adequate Protection Protection), and such other rights, remedies, Liens priorities, privileges, protections, and the Adequate Protection Superpriority Claim) benefits, shall continue in full force and effect in these proceedings and in any Successor Cases and after dismissal of any thereof, and shall maintain their priority respective priorities as provided by this Interim Order. Subject to the provisions of paragraph 2(d) of this Interim Order with respect to the treatment of the Refinancing DIP Obligations, the other DIP Loan Documents and the Prepetition Loan Documents (as the case may be), including any intercreditor arrangement or agreements in respect thereof, until all of the DIP Obligations and shall not be discharged by the Prepetition Obligations have been indefeasibly paid and satisfied in full in cash (including entry of an order confirming any such chapter 11 plan, the cash collateralization Debtors having waived such discharge pursuant to section 1141(d)(4) of all Letters of Credit and all prepetition letters of credit in accordance with the DIP Loan Documents and the Prepetition Loan Documents, as the case may be) and discharged.Bankruptcy Code. 293

Survival of Interim Order. The provisions of this Interim Order Order, the DIP Loan Documents and the Secured Swap Agreements any actions taken pursuant hereto or thereto, and all of the DIP Protections (including the Existing Secured Party Adequate Protection), and all other rights, remedies, Liens, priorities, privileges, protections, and benefits granted to any or all of the DIP Secured Parties and the Existing Secured Parties, respectively, shall survive survive, and shall not be modified, impaired, or discharged by, the entry of any order which may be entered (i) confirming any Plan plan of reorganization in the Casesany Case or Successor Case, (ii) converting any of the Cases Case to a case under Chapter 7 of the Bankruptcy Code, (iii) to the extent authorized by applicable lawchapter 7, dismissing any of the Cases, (iv) withdrawing of the reference of any of the Cases from this Court or (v) any Successor Cases or providing for abstention from handling or retaining of jurisdiction of any of the Cases or any Successor Case in this Court, or terminating the joint administration of these Cases or any Successor Case or by any other act or omission. The terms and provisions of this Interim Order, including all of the DIP Liens and DIP Superpriority Claim granted pursuant to this Interim Order, and any protections granted to or for the benefit of the Prepetition Secured Parties Protections (including the Existing Secured Party Adequate Protection Liens Protection) and all other rights, remedies, Liens, priorities, privileges, protections, and benefits granted to any or all of the DIP Secured Parties and the Adequate Protection Superpriority Claim)Existing Secured Parties, respectively, shall continue in full force and effect and be binding on all parties in interest notwithstanding the entry of any such order, and such DIP Liens and DIP Superpriority Claim and protections for the Prepetition Secured Parties Protections (including the Existing Secured Party Adequate Protection Protection), and such other rights, remedies, Liens priorities, privileges, protections, and the Adequate Protection Superpriority Claim) benefits, shall continue in full force and effect in these proceedings and in any Successor Cases and after dismissal of any thereof, and shall maintain their priority respective priorities as provided by this Interim Order. Subject to the provisions of paragraph 2(d) of this Interim Order with respect to the treatment of the Refinancing DIP Obligations, the other DIP Loan Documents and the Prepetition Loan Documents (as the case may be), including any intercreditor arrangement or agreements in respect thereof, until all of the DIP Obligations and shall not be discharged by the Prepetition Obligations have been indefeasibly paid and satisfied in full in cash (including entry of an order confirming any such chapter 11 plan, the cash collateralization Debtors having waived such discharge pursuant to section 1141(d)(4) of all Letters of Credit and all prepetition letters of credit in accordance with the DIP Loan Documents and the Prepetition Loan Documents, as the case may be) and discharged.Bankruptcy Code. 581

Survival of Interim Order. The provisions of this Interim Order and any actions taken pursuant hereto shall survive entry of any order which may be entered (i) confirming any Plan in the Cases, (ii) converting any of the Cases to a case under Chapter 7 of the Bankruptcy Code, or (iii) to the extent authorized by applicable law, dismissing any of the Cases, (iv) withdrawing of the reference of any of the Cases from this Court Court, or (v) providing for abstention from handling or retaining of jurisdiction of any of the Cases in this Court. The terms and provisions of this Interim Order, including the DIP Liens and DIP Superpriority Claim Protections granted pursuant to this Interim Order, Order and the DIP Financing Agreements and any protections granted to or for the benefit of the Prepetition Pre-Petition Secured Parties (including the Adequate Protection Liens and the Adequate Protection Superpriority Claim)Parties, shall continue in full force and effect notwithstanding the entry of such order, and such DIP Liens and DIP Superpriority Claim Protections and protections for the Prepetition Pre-Petition Secured Parties (including the Adequate Protection Liens and the Adequate Protection Superpriority Claim) shall maintain their priority as provided by this Interim Order, Order until all the other obligations of the Debtors to the DIP Loan Documents Lenders pursuant to the DIP Financing Agreements and the Prepetition Loan Documents (as the case may be), including any intercreditor arrangement or agreements in respect thereof, until all of the DIP Obligations and the Prepetition Obligations have Pre-Petition Debt has been indefeasibly paid and satisfied in full and discharged (such payment being without prejudice to any terms or provisions contained in cash (including the cash collateralization of all Letters of Credit and all prepetition letters of credit in accordance with the DIP Loan Documents and Facility which survive such discharge by their terms). The DIP Obligations shall not be discharged by the Prepetition Loan Documentsentry of an order confirming a Plan, as the case may beDebtors having waived such discharge pursuant to section 1141(d)(4) and dischargedof the Bankruptcy Code.