Final Borrowing Order definition

Final Borrowing Order means an order, in form attached as Exhibit B hereto or otherwise satisfactory to the Agents, entered in the Reorganization Cases after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and applicable local rules, which is a Final Order, and which order authorizes the creation of the credit facilities contemplated by this Agreement, as such order may from time to time be amended with the written consent of the Agents, the Co-Lead Arrangers and the Required Lenders.

Final Borrowing Order means, collectively, 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 reasonably satisfactory in form and substance to the Instructing Group and the Last Out Requisite Lenders, together with all extensions, modifications and amendments thereto, in form and substance reasonably satisfactory to the Instructing Group and the Last Out Requisite Lenders, and which, among other matters but not by way of limitation, authorizes the U.S. Debtors to obtain credit, incur (or guaranty) Debt, and grant Liens under (or in respect of) this Agreement and the other Loan Documents, as the case may be, and provides for the superpriority of the Administrative Agent’s and the Lenders’ claims hereunder and under the other Loan Documents.

Final Borrowing Order. A Borrowing Order entered in the Bankruptcy Case after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.

Examples of Final Borrowing Order in a sentence

• The Final Borrowing Order is in full force and effect and has not been stayed by the Bankruptcy Court or any other court of competent jurisdiction and has not been reversed, vacated or otherwise modified after the entry thereof.

• Subject to compliance with the Final Borrowing Order and any applicable provisions of the Bankruptcy Code, each Loan Party has all requisite corporate power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement as amended by this Amendment (the "Amended Agreement").

• The Chapter 11 Cases were commenced on the Petition Date in accordance with applicable law and proper notice thereof and of the hearing for the approval of the Interim Borrowing Order (or Final Borrowing Order, as applicable) has been given as identified in the “Certificate of Service” filed with the Bankruptcy Court.

• The Interim Borrowing Order and/or the Final Borrowing Order shall be in full force and effect and shall not have been stayed, reversed, amended, modified or vacated without the consent of the Instructing Group.

• Upon entry by the Bankruptcy Court of the Interim Borrowing Order (or the Final Borrowing Order when applicable), each of the Loan Documents has been duly executed and delivered by each Loan Party thereto and is the legal, valid and binding obligation of each Loan Party thereto, enforceable against such Loan Party in accordance with its terms and the terms of the Interim Borrowing Order (or the Final Borrowing Order when applicable).

More Definitions of Final Borrowing Order

Final Borrowing Order means a Borrowing Order entered in the Reorganization Cases after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and applicable local rules, which is a Final Order.

Final Borrowing Order means an order of the Bankruptcy Court, which order is a Final Order and shall be in form, scope and substance reasonably acceptable to the Lender, which, among other matters but not by way of limitation, (i) authorizes the Loan Parties to obtain credit, incur (or guaranty) Obligations, grant Liens under this Agreement, the other Loan Documents, and the DIP Orders and otherwise perform their obligations under this Agreement and the other Loan Documents and (ii) provides for the super priority of the Lender’s claims (subject to the Professional Fee Carve Out).

Final Borrowing Order means that certain Final Order (i) Authorizing the Debtors to Use Cash Collateral, (ii) Granting Adequate Protection to Prepetition Secured Lenders, and (iii) Authorizing Post-Petition Financing entered by the Bankruptcy Court on April 17, 2008.

Final Borrowing Order means an order of the Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) in substantially the form attached hereto as EXHIBIT XVII-B with any modifications thereto approved by Agent in its sole discretion, as the same may be amended, supplemented or otherwise modified from time to time with the express written consent or joinder of Requisite Lenders (PROVIDED that the Stonington Lender shall not be disparately treated from the other Lenders) and approved by the Court.

Final Borrowing Order an order of the Court entered in the Chapter 11 Case after a final hearing under Bankruptcy Rule 4001(c)(2) in the form attached as Exhibit I with any modifications approved by Lenders in their sole discretion. The Final Borrowing Order shall also contain a finding consistent with the representation of Borrower set forth in subsection 3.5.

Final Borrowing Order means the order of the Bankruptcy Court entered in --------------------- the Chapter 11 Case after a final hearing under Bankruptcy Rule 4001(c)(2), satisfactory in form and substance to the Lenders, and from which no appeal has been timely filed, or if timely filed, no stay of such order pending appeal shall have been granted, together with all extensions, modifications and amendments thereto consented to in writing by the Lenders, (a) authorizing Borrower to obtain credit and incur indebtedness under this Agreement and the other Loan Documents, (b) granting and establishing the priority and perfection of Liens under this Agreement and the other Loan Documents, (c) approving the form of, and the rights, remedies and obligations contained in, this Agreement and the other Loan Documents, (d) providing for the administrative expense priority of the Lenders' claims hereunder constituting Postpetition Obligations, (e) finding that notice of and opportunity for a hearing on the proceedings relating to the entry of the Final Borrowing Order were adequate and appropriate under the circumstances, (f) finding that extensions of credit pursuant to this Agreement made by the Lenders shall constitute extensions of credit made in good faith under Section 364(e) of the Bankruptcy Code, and (g) providing that the stay under Section 362 of the Bankruptcy Code shall be automatically lifted, modified or otherwise vacated (i) immediately for perfection and implementation of all Liens under this Agreement and the other Loan Documents and (ii) upon not less than five Business Days' notice to Borrower, the Office of the United States Trustee and counsel to the Official Committee (or, in the absence of any such Official Committee, to Borrower's 20 largest unsecured creditors as set forth in the list filed pursuant to Bankruptcy Rule 1007(d)), for enforcement of all Liens granted under this Agreement and the other Loan Documents, all without need for further order or authorization of the Court, all as set forth in such Order.

Final Borrowing Order. A Borrowing Order entered by the Bankruptcy Court after opportunity for a final hearing in accordance with Fed. R. Bankr. Pro. 4001(c)(2), together with such amendments, supplements, modifications, and restatements as are approved by the Agent in writing and entered by the Bankruptcy Court after notice and a hearing.