The Chapter 11 Cases Clause Samples
The "The Chapter 11 Cases" clause defines the scope and reference to bankruptcy proceedings under Chapter 11 of the U.S. Bankruptcy Code involving the relevant parties. It typically clarifies which entities are subject to these proceedings and may outline how the agreement interacts with or is affected by the ongoing bankruptcy cases. This clause ensures that all parties understand the legal context of the agreement, providing clarity and certainty regarding the status and implications of the Chapter 11 process for the contractual relationship.
The Chapter 11 Cases. The Chapter 11 Cases were commenced on the Petition Date in accordance with applicable law and proper notice thereof and have not been dismissed as of the date of this Agreement. The motion for approval of this Agreement was proper and sufficient pursuant to the Bankruptcy Code, the Bankruptcy Rules and the rules and procedures of the Bankruptcy Court.
The Chapter 11 Cases. As soon as available, copies of all pleadings, motions, applications, judicial information, financial information, and other documents filed on or behalf of any Borrower with the Bankruptcy Court or the United States Trustee in the Chapter 11 Cases, or distributed by or on behalf of any Borrower to any Committee (except to the extent any such information is subject to a confidentiality agreement between such Borrower and any such Committee).
The Chapter 11 Cases. If the Chapter 11 Cases have been filed, then prior to the Plan Effective Date:
The Chapter 11 Cases. The occurrence of any of the following in any of the Chapter 11 Cases:
(a) (a) the bringing of a motion, taking of any action or the filing of any plan of reorganization or disclosure statement attendant thereto by any Loan Party: (A) to obtain additional financing under Section 364(c) or Section 364(d) of the Bankruptcy Code not otherwise permitted pursuant to this Agreement; (B) to grant any Lien other than Liens permitted hereunder upon or affecting any Collateral; (C) to use cash collateral of the Administrative Agent and the other Secured Parties under Section 363(c) of the Bankruptcy Code without the prior written consent of the Administrative Agent; or
The Chapter 11 Cases. (i) The Entry of an order, or the filing of any motion or pleading by any Person seeking an order, which such motion or pleading is not withdrawn, dismissed or denied within 15 days after such filing:
(A) dismissing any of the Chapter 11 Cases or converting any of the Chapter 11 Cases to a Chapter 7 case,
(B) appointing a Chapter 11 trustee or an examiner in any of the Chapter 11 Cases having enlarged powers (beyond those set forth under Sections 1106(a)(3) and (4) of the Bankruptcy Code),
(C) granting any other super-priority Claim senior to or pari passu with the super-priority Claims of Administrative Agent and the Lenders or granting any other Lien senior to or pari passu with the Liens of the Secured Parties or the Liens of the Pre-Petition Agents and the Pre-Petition Lenders, other than as permitted under this Agreement or as provided in the Interim Order or the Final Order, whichever is then in effect, or
(D) staying, reversing, vacating, modifying or amending the DIP Facility, the Interim Order or the Final Order, in the case of any modification or amendment, without the prior written consent of Administrative Agent and Requisite Lenders; or
(ii) The Entry of an order, or the filing of any motion or pleading by any Credit Party seeking an order, or any Credit Party supporting the entry of an order or filing of a motion or pleading seeking an order:
(A) authorizing, approving or granting additional Post-Petition financing under Section 364(c) or (d) of the Bankruptcy Code other than Indebtedness permitted under this Agreement or as provided in the Interim Order or the Final Order, whichever is then in effect, without the prior written consent of Administrative Agent and Requisite Lenders,
(B) authorizing, approving or granting the use of Cash Collateral under Section 363(c) of the Bankruptcy Code other than as provided in the Interim Order or the Final Order, whichever is then in effect, without the prior written consent of Administrative Agent and Requisite Lenders,
(C) authorizing, approving or granting the payment by any Credit Party of any Pre-Petition Claim, other than the Pre-Petition Credit Agreements, without the prior written consent of Administrative Agent and Requisite Lenders,
(D) granting relief from the automatic stay applicable under Section 362 of the Bankruptcy Code (x) to permit any secured creditor (other than the Secured Parties) to enforce or otherwise take action with respect to any Collateral having a book value in excess of $...