Interim Borrowing Order definition

Interim Borrowing Order means an order in substantially the form attached hereto as Exhibit IX (with any modifications thereto approved by Agents in their sole discretion) entered by the Bankruptcy Court in the Chapter 11 Cases after an interim hearing under Bankruptcy Rule 4001(c)(2), as the same may be amended, supplemented or otherwise modified from time to time with the express written consent or joinder of Agents and Requisite Lenders and approved by the Bankruptcy Court.

Interim Borrowing Order means collectively, the order of the Bankruptcy Court entered in the Chapter 11 Cases after an interim hearing, together with all extensions, modifications and amendments thereto, in form and substance reasonably satisfactory to the Instructing Group and the Last Out Requisite Lenders, which, among other matters but not by way of limitation, authorizes, on an interim basis, the Borrower and Subsidiary Guarantors to execute and perform under the terms of this Agreement and the other Loan Documents and incur (and guarantee) and secure the Advances, Letters of Credit and other Obligations in connection therewith, which order shall be in form and substance satisfactory to the Instructing Group and the Last Out Requisite Lenders, and which shall be deemed satisfactory to each of the Instructing Group and each Last Out Term Lender if such order is substantially in the form of Exhibit H.

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

Examples of Interim Borrowing Order in a sentence

• The Interim Borrowing Order shall have been entered by the Bankruptcy Court on or prior to 5:00 P.M. (New York City time) no later than the fifth (5th) Business Day after the Petition Date.

• The Interim Borrowing Order or (when entered) 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).

• 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.

• On the Closing Date, the Interim Borrowing Order (or the Final Borrowing Order, as applicable) shall have been entered.

More Definitions of Interim Borrowing Order

Interim Borrowing Order means an order entered by the Bankruptcy Court, in form, scope and substance as may be acceptable to the Borrower, the Administrative Agent and the Required Lenders, authorizing, on an interim basis, inter alia the Borrower to obtain credit and incur (or guaranty) Obligations, granting Liens to secure the Obligations, and providing for the super priority of the Administrative Agent’s and the Lenders’ claims.

Interim Borrowing Order means an order entered by the Bankruptcy Court, substantially in the form of, and containing the provisions set forth in, Exhibit C (or such other form and provisions as may be reasonably acceptable to the Lender), approving, on an interim basis, the Loan Parties’ obtaining credit and incurring (or guarantying) Obligations, granting Liens to secure the Obligations, and providing for the super priority of the Lender’s claims (subject to the Professional Fee Carve Out), and entering into and performing their obligations under this Agreement and the other Loan Documents.

Interim Borrowing Order means an order of the U.S. Court entered in the Chapter 11 Cases after a hearing under Bankruptcy Rule 4001(c)(2) in the form attached hereto as EXHIBIT J with any modifications thereto approved by the 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 Required Lenders.

Interim Borrowing Order. A Borrowing Order (substantially in the form annexed hereto as EXHIBIT 1.3 (or such other form as is acceptable to the Lender in its reasonable discretion) which has been entered in the Bankruptcy Case prior to notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.

Interim Borrowing Order means the Borrowing Order entered in the Reorganization Cases on March 3, 2004 prior to notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and any applicable local rules of the Bankruptcy Court.

Interim Borrowing Order means that certain interim order entered by the Bankruptcy Court, in form and substance 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 Order(s) 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, and, with respect to Bank of America, to the extent set forth in the Sale Order).

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