Canadian Final Order definition

Canadian Final Order means, collectively, the order of the Canadian Court to be issued upon motion of each Canadian Guarantor, under Section 18.6 of the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 ("CCAA"), together with all extensions, modifications and amendments thereto, in each case in form and substance reasonably satisfactory to Agents, which, among other matters but not by way of limitation, recognizes and declares the Final Order enforceable in Canada.
Sample 1
Canadian Final Order means an order of the Canadian Court under Section 18.6 of the CCAA, together with all extensions, modifications and amendments thereto, in each case in form and substance satisfactory to Agents, giving full effect to the Final DIP Order, which order shall specifically but not exclusively provide that each of the Canadian Credit Parties is authorized to enter into the Credit Documents to which it is a party, and provide, execute and deliver all such guarantees, documents, security interests and liens as are contemplated in such Credit Documents and granting to the Collateral Agent a fixed charge, mortgage, hypothec, security interest and lien in all of the Collateral in which any of the Canadian Credit Parties now or hereafter has an interest ranking in priority to all other encumbrances.
Sample 1
Canadian Final Order means an order of the Canadian Bankruptcy Court, among other things, recognizing and giving full force and effect to the Final Order in Canada and providing for a super priority charge over the Collateral located in Canada, which order shall be in form and substance satisfactory to the Administrative Agent and the Required Lenders in their sole and absolute discretion (as such order may be amended, modified or extended in a manner satisfactory to the Administrative Agent and the Required Lenders) (which satisfaction of the Required Lenders may be communicated in each case via an email from either of the Specified Lender Advisors).
Sample 1

Examples of Canadian Final Order in a sentence

  • This determination and resolution of the Objectors’ objections to the entry of the Canadian Final Order necessarily involved resolving the question of whether the Second Lien Noteholders were “affected” by the Plan of Arrangement through any defaults triggered thereby or otherwise.

  • Prior to the Exit Facilities Conversion Date, no Credit Party shall make or permit to be made any change, amendment or modification, or any application or motion for any change, amendment or modification, to the Interim DIP Order, the Final DIP Order, the Canadian Interim Order or Canadian Final Order, other than as approved in writing by the Requisite Lenders.

  • The deposit accounts of each Guarantor which is a Canadian Guarantor shall be subject to the cash sweep as provided in the Interim Order, the Canadian Interim Order, the Final Order and the Canadian Final Order.

  • Reverse Convertible and Worst of Reverse Convertible Securities Base Prospectus dated 2 August 2013, as supplemented by (a) a supplement dated 19 August 2013, (b) a supplement dated 13 September 2013, (c) a supplement dated 12 November 2013, and (d) a supplement dated 17 February 2014 (the " Reverse Convertible and Worst of Reverse Convertible Securities Base Prospectus"), relating to each Issuer pursuant to the Structured Products Programme.

  • If the Plan of Arrangement is approved, consummation of the Plan of Arrangement is anticipated to occur shortly thereafter and after satisfaction ofcustomary closing conditions and recognition of the Canadian Final Order.

  • Where a book has two or more authors (including any who are not eligible persons), the Register shall include details of the proportion of Public Lending Remuneration due to each author under the provisions of Article 11.

  • In short, the Foreign Representative believes that the Canadian restructuring cannot succeed without this Court’s assistance, and therefore respectfully submits that this Court should recognize and enforce in the United States the Canadian Final Order.

  • The Foreign Representative anticipates that this Court’s entry of the Order will complement the Canadian Court’s Canadian Final Order, thereby ensuring the success of the restructuring contemplated thereunder both in Canada and in the United States.

  • Accordingly, the Foreign Representative requests this Court’s entry of the Order (a) granting recognition and enforcement of the Canadian Final Order upon its entry by the Canadian Court in order to grant the Plan of Arrangement full force and effect in the United States upon its approval by the Canadian Court, and (b) closing these Chapter 15 Cases upon the consummation of the Plan of Arrangement.

  • In connection with the Canadian Proceeding, the Chapter 15 Debtors brought these Chapter 15 Cases before the United States Bankruptcy Court for the Southern District of Texas (this “ Court”) in order to ultimately grant full force and effect to certain orders issued pursuant tothe Canadian Proceeding, including the Canadian Final Order (if granted by the Canadian Court).

Related to Canadian Final Order

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

  • Canadian Court means the Ontario Superior Court of Justice (Commercial List).

  • Canadian financial institution means (i) an association governed by the Cooperative Credit Associations Act (Canada) or a central cooperative credit society for which an order has been made under section 473(1) of that Act, or (ii) a bank, loan corporation, trust company, trust corporation, insurance company, treasury branch, credit union, caisse populaire, financial services cooperative, or league that, in each case, is authorized by an enactment of Canada or a jurisdiction of Canada to carry on business in Canada or a jurisdiction of Canada;

  • Final Financing Order means, the order of the Bankruptcy Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) or such other procedures as approved by the Bankruptcy Court, which order shall be in form and substance reasonably satisfactory to the Agent and from which no appeal or motion to reconsider has been filed, together with all extensions, modifications and amendments thereto, in form and substance satisfactory to the Agent and the Required Lenders, which, among other matters but not by way of limitation, authorizes the Loan Parties to obtain credit, incur the Obligations, and grant Liens under this Agreement and the other Loan Documents, as the case may be, and provides for the super-priority of the claims of the Agent and Lenders, subject to the Carve- Out and Permitted Prior Liens.

  • Canadian Security Documents means the Canadian Security Agreement, any share pledge agreement governed by Canadian law which provides for a Lien in favor of the Agent as security for any of the Obligations, and each other agreement, document or instrument executed by any Loan Party governed by Canadian law which provides for a Lien in favor of the Agent as security for any of the Obligations.

  • Canadian Facility means, at any time, the aggregate amount of the Canadian Commitments at such time.

  • Final Cash Collateral Order means the Final Order (I) Authorizing Use of Cash Collateral, (II) Granting Adequate Protection, (III) Modifying the Automatic Stay to Permit Implementation, and (IV) Granting Related Relief [Docket No. 988] entered by the Bankruptcy Court on March 25, 2015, including all stipulations related thereto.

  • Canadian Security Agreement means that certain Security Agreement, dated as of the Original Effective Date (as amended, amended and restated, supplemented or otherwise modified from time to time), between the Canadian Loan Parties and the Administrative Agent, for the benefit of the Administrative Agent, and the other Lender Parties, and any other pledge or security agreement entered into, after the Original Effective Date by any other Canadian Loan Party (as required by this Agreement or any other Loan Document).

  • Canadian Collateral means any and all property owned, leased or operated by a Person covered by the Canadian Collateral Documents and any and all other property of any Canadian Loan Party, now existing or hereafter acquired, that may at any time be or become subject to a security interest or Lien in favor of the Administrative Agent to secure the Canadian Secured Obligations.

  • Final DIP Order means the Final Order of the Bankruptcy Court authorizing the Company to enter into the DIP Credit Agreement, in form and substance acceptable to (i) the DIP Agent and the Required DIP Lenders in their sole discretion, (ii) to the extent relating to the First Lien Lenders and the First Lien Agent, the First Lien Agent, (iii) to the extent relating to the Second Lien Lenders and the Second Lien Agent, the Second Lien Agent (iv) Luxor (only as specifically set forth in Section 10 herein).

  • Foreign Security Documents means any agreement or instrument entered into by any Foreign Subsidiary Borrower that is reasonably requested by the Collateral Agent providing for a Lien over the assets (including shares of other Subsidiaries) of such Foreign Subsidiary Borrower.

  • Cash Collateral Order means an order of the Bankruptcy Court that (i) authorizes the Debtor to use the Prepetition Lenders’ Cash Collateral; and (ii) is acceptable to the Lender in the Lender’s sole discretion.

  • Second Lien Security Documents means all “Security Documents” as defined in the Second Lien Credit Agreement, and all other security agreements, mortgages, deeds of trust and other security documents executed and delivered in connection with any Second Lien Credit Agreement, in each case as the same may be amended, supplemented, restated or otherwise modified from time to time.

  • Priority Lien Security Documents means the Priority Credit Agreement (insofar as the same grants a Lien on the Collateral), each agreement listed in Part A of Exhibit B hereto, and any other security agreements, pledge agreements, collateral assignments, mortgages, deeds of trust, control agreements, or grants or transfers for security, now existing or entered into after the date hereof, executed and delivered by the Borrower or any other Grantor creating (or purporting to create) a Lien upon Collateral in favor of the Priority Lien Agent (including any such agreements, assignments, mortgages, deeds of trust and other documents or instruments associated with any Priority Substitute Credit Facility).

  • Canadian Security Agreements means, collectively, those certain Amended and Restated Security Agreements, dated as of the Restatement Date, and those certain deeds of movable hypothec dated on or about the Restatement Date, made by the Canadian Credit Parties party thereto in favor of Agent, on behalf of itself and for the benefit of the Secured Parties, as amended, restated, supplemented or otherwise modified from time to time.

  • Second Lien Security Agreement means the “Security Agreement” as defined in the Second Lien Credit Agreement.

  • First Lien Security Documents means the Security Documents (as defined in the First Lien Credit Agreement) and any other agreement, document or instrument pursuant to which a Lien is granted or purported to be granted securing any First Lien Obligations or under which rights or remedies with respect to such Liens are governed.

  • DIP Facility Documents means the DIP Credit Agreement and any other documents and agreements entered into in connection with the DIP Credit Agreement or the incurrence of the DIP Facility and any orders of the Bankruptcy Court related thereto or entered in connection therewith.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • DIP Order means the Interim Order and the Final Order, as applicable.

  • First Lien Security Agreement means the “Security Agreement” as defined in the First Lien Credit Agreement.

  • DIP Facility means the debtor-in-possession secured financing facility provided to the Debtors by the DIP Lenders pursuant to the DIP Credit Agreement as authorized by the Bankruptcy Court pursuant to the DIP Facility Order.

  • U.S. Security Documents means and include the U.S. Security Agreement, the U.S. Pledge Agreement, each Mortgage covering a U.S. Mortgage Property and each Additional Security Document covering assets of a U.S. Credit Party situated in the United States.

  • Interim Order means the interim order of the Court made in connection with the process for obtaining shareholder approval of the Arrangement and related matters, as such order may be amended, supplemented or varied by the Court;

  • U.S. Credit Agreement means that certain credit agreement dated as of even date herewith by and among the U.S. Borrower, as borrower, the lenders party thereto, as lenders, and the U.S. Administrative Agent, as administrative agent.

  • Second Lien Collateral Documents means the “Security Documents” or “Collateral Documents” (as defined in the applicable Second Lien Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any Second Lien Obligations or pursuant to which any such Lien is perfected.