Permanent Financing Order definition

Permanent Financing Order shall have the meaning set forth in Section 9.9 hereof.
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Permanent Financing Order means an order, in form and substance reasonably satisfactory to the Lenders, entered by the Bankruptcy Court upon the completion of a final hearing pursuant to Rule 4001(c) of the Bankruptcy Rules, approving the execution, delivery and performance of the Credit Documents by the Borrowers and the incurrence by the Borrowers of the Obligations.
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Permanent Financing Order means, the order of the Bankruptcy Court entered in the Chapter 11 Case after a final hearing of the Bankruptcy Court, which order shall be in form and substance satisfactory to Agent and from which no appeal or motion to reconsider has been filed, together with all extensions, modifications and amendments thereto, consented to by the Agent, which among other matters, but not by way of limitation, authorizing the Borrowers to obtain credit, incur the Post-Petition Obligations, and grant Liens therefor and granting super-priority expense claims to Agent and Lenders with respect to all Obligations due Agent and Lenders, subject to no priority claim or administrative expenses of the Chapter 11 Case or any other entity (other than the Carve-Out and Pre-Petition Priority Liens). Chapter 11 Case.
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Examples of Permanent Financing Order in a sentence

  • The Interim Financing Order (and, following the expiration of the Interim Financing Period defined therein, the Permanent Financing Order) has been duly entered, is valid, subsisting and continuing and has not been vacated, modified, reversed on appeal, or vacated or modified by any order of the Bankruptcy Court (other than as consented to by Agent) and is not subject to any pending appeal or stay.

  • Borrower will use its best efforts to cause the Permanent Financing Order to be entered by the Bankruptcy Court on or before twenty (20) days after the date of entry of the Interim Financing Order.

  • Either the Interim Financing Order or the Permanent Financing Order, as the case may be, has been duly entered, is valid, subsisting and continuing and has not been vacated, modified, reversed on appeal, or vacated or modified by any order of the Bankruptcy Court other than as consented to by Lender and is not subject to any pending appeal or stay.

  • Lender is hereby granted all of the rights and protections of section 364(e) with regard to, inter alia, the Obligations, the liens granted in the Collateral, and the priorities granted to such liens and claims pursuant to this Permanent Financing Order.

  • Debtor shall remit to Lender, or cause to be remitted to Lender, all proceeds of the Collateral for application by Lender to the Obligations, in such order and manner as Lender may determine in its discretion, in accordance with the terms of this Permanent Financing Order, the Credit Agreement and the other Credit Documents.

  • Upon entry of the Interim Financing Order, and thereafter upon entry of the Permanent Financing Order the security interests granted pursuant to the DIP Financing Documents constitute valid, enforceable and perfected Liens on the Collateral having the priority specified in the DIP Orders.

  • The Bankruptcy Court, or any other court with appropriate jurisdiction, shall enter an order amending, supplementing, staying, vacating, or reversing, or shall otherwise modify, the Interim Financing Order or the Permanent Financing Order, as applicable, without the Agent's prior written consent.

  • No consent, authorization, permit or filing is required (other than the Interim Financing Order and the Permanent Financing Order), in connection with the execution, delivery and performance of this Agreement or any Credit Document.

  • Should Lender so choose and attempt to file, record or perform a Perfection Act, no defect or failure in connection with such attempt shall in any way limit, waive or alter the validity, enforceability, attachment, or perfection of the post-petition liens and security interests granted herein by virtue of the entry of this Permanent Financing Order.

  • Neither DIP Agent nor any DIP Lender shall provide any Advances or Supplemental Line Advances (or other financial accommodations) other than those authorized under the Interim Financing Order unless, on or before the expiration of the Interim Financing Order, the Permanent Financing Order shall have been entered, and there shall be no appeal or other contest with respect to either the Interim Financing Order or the Permanent Financing Order and the time to appeal to contest such order shall have expired.


More Definitions of Permanent Financing Order

Permanent Financing Order means an Order entered by the Bankruptcy Court, and to which no stay has been entered and which has not been vacated, modified or overturned, in form and substance acceptable to Bank, authorizing the incurrence by Borrower of permanent post-petition secured and super-priority indebtedness in accordance with this Agreement.
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Permanent Financing Order means any Financing Order other than an Interim Financing Order.
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Permanent Financing Order shall have the meaning ascribed thereto in Section 10(h) hereof. (m) “Petition Date” shall mean the date of the commencement of the Chapter 11 Case. (n) “Post-Petition Collateral” shall mean, collectively, all now existing or hereafter acquired personal property of Debtor’s estate, wheresoever located, of any kind or nature, upon which Agent is granted a security interest or lien pursuant to the Financing Agreements or the Financing Order or any other order entered or issued by the Bankruptcy Court, and shall include, without limitation, all of the following property of Debtor: (i) all of the Collateral (as defined in the Loan Agreement); (ii) all Accounts; (iii) all general intangibles, including, without limitation, all Intellectual Property; (iv) all goods, including, without limitation, all Inventory; (v) all chattel paper, including, without limitation, all tangible and electronic chattel paper; (vi) all instruments, including, without limitation, all promissory notes; (vii) all documents; (viii) all deposit accounts;
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Permanent Financing Order means a Permanent Financing Order entered by the Bankruptcy Court authorizing the secured financing under the Financing Agreements as ratified and amended hereunder on the terms and conditions set forth in this Ratification Agreement and, inter alia, modifying the automatic stay, authorizing and granting the senior security interests and liens in favor of Lender described in this Ratification Agreement and in the Financing Order, and granting super-priority expense claims to Lender with respect to all obligations due Lender. The Permanent Financing Order shall authorize post-petition financing under the terms set forth in this Ratification Agreement in an amount acceptable to Lender, in its sole discretion, and it shall contain such other terms or provisions as Lender and its counsel shall require.
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Permanent Financing Order means the order entered by the Court pursuant to Section 364(c) and (d) of the Bankruptcy Code to the same extent and priority as Lender Group's pre-petition liens as to which no stay has been entered and which has not been vacated, modified or overturned; is in form and substance substantially similar to the Interim Financing Order; and authorizes the incurrence by Borrower of permanent post-petition secured and super-priority indebtedness under the DIP Facility in accordance with this Agreement and the DIP Loan Documents including but not limited to, securing the Obligations by the Pre-Petition Liens with such Pre-Petition Liens constituting first priority perfected Liens subject only to Liens that were senior to the Pre-Petition Liens on the Filing Date or to such other Liens, if any, made senior Post-Petition pursuant to the terms of the Permanent Financing Order, and providing for the ratification of the Pre-Petition Loan Documents to the extent necessary to effectuate the foregoing.
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Permanent Financing Order shall have the meaning ascribed to that term in Section 4.1(d) hereof.
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Related to Permanent Financing Order

  • Financing Order means an order of the commission adopted in accordance with 69-8-503 that authorizes the imposition and collection of fixed transition amounts and the issuance of transition bonds.

  • Permanent Financing means long-term debt (with a term of no less than fifteen (15) years) including a mortgage or other financing evidenced by a lien against the property. Permanent sources of financing identified on Page 7 of Form 3 to cover development costs (including capitalized operating and replacement reserves) may not include letters of credit, cash from operations, the lease up reserve or other non-cash contributions to the Project.

  • 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.

  • Financing Orders means, collectively, the Interim Financing Order and the Final Financing Order.

  • Approval Order means (i) an order in the form attached hereto as Exhibit 2; or (ii) in the event of a timely objection to the motion to approve the Agreement that if sustained would reduce the full Settlement Amount available to pay Asbestos-Released Claims, an order in such form agreed to in writing by the Parties, entered by the Bankruptcy Court that (a) approves this Agreement, (b) authorizes the Parties to undertake the settlement and the sale of the Subject Policies as set forth in this Agreement, and (c) provides for the Injunction.

  • 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.

  • Interim DIP Order means an interim order of the Bankruptcy Court approving the DIP Facilities Motion, which order shall be consistent in all material respects with this Agreement and the DIP Credit Agreements, and otherwise in form and substance acceptable to the Debtors and the Requisite Consenting Creditors.

  • DIP Financing Order means the Final Order (I) Authorizing Debtors (A) to Obtain Post-Petition Financing Pursuant to 11 U.S.C. §§ 105, 361, 362, 364(c)(1), 364(c)(2), 364(c)(3), 364(d)(1) and 364(e), (B) to Utilize Cash Collateral Pursuant to 11 U.S.C. § 363 and (C) to Purchase Certain Assets Pursuant to 11 U.S.C. § 363 and (II) Granting Adequate Protection to Pre-Petition Secured Parties Pursuant To 11 U.S.C. §§ 361, 362, 363 and 364, entered March 1, 2009 (Docket No.1002).

  • Preliminary Approval Order means the order preliminarily approving the Settlement Agreement, certifying the Settlement Class for settlement purposes, and directing notice thereof to the Settlement Class, which will be agreed upon by the Parties and submitted to the Court in conjunction with Plaintiffs’ motion for preliminary approval of the Agreement.

  • Final DIP Order means a final order of the Bankruptcy Court approving the DIP Facilities Motion, which order shall be consistent in all material respects with this Agreement and the DIP Credit Agreements and otherwise in form and substance acceptable to the Debtors and the Requisite Consenting Creditors.

  • Sale Order means an order or orders of the Bankruptcy Court in form and substance reasonably acceptable to Buyer and Sellers approving this Agreement and all of the terms and conditions hereof, and approving and authorizing Sellers to consummate the transactions contemplated hereby.

  • 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.

  • DIP Order means the Interim Order, unless the Final Order shall have been entered, in which case it means the Final Order.

  • Initial Order means, collectively, in respect of the Bloom Lake CCAA Parties, the Bloom Lake Initial Order, and in respect of the Wabush CCAA Parties, the Wabush Initial Order;

  • Interim Financing means any new financial assistance, provided by an existing or a new creditor, that includes, as a minimum, financial assistance during the stay of individual enforcement actions, and that is reasonable and immediately necessary for the debtor's business to continue operating, or to preserve or enhance the value of that business;

  • FCC Order means Federal Communications Commission Order 94-102 (61 Federal Register 40348)

  • Mass in running order means the mass of the vehicle, with its fuel tank(s) filled to at least 90 per cent of its or their capacity/capacities, including the mass of the driver, fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications and, when they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools.

  • Final Approval Order means the proposed Order Granting Final Approval to the Settlement, to be entered by the Court with terms to be agreed upon by the Parties and consistent with this Agreement.

  • Special order means an order imposing an administrative sanction issued to any party licensed

  • DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.

  • Bankruptcy Cases has the meaning set forth in the Recitals.

  • Bankruptcy Case has the meaning assigned to such term in Section 2.05(b).

  • Limit Order means an order to buy or sell a financial instrument at its specified price limit or better and for a specified size;

  • Scheduling Order means the scheduling order to be entered pursuant to Rule 23.1 of the Rules of the Court of Chancery, substantially in the form attached hereto as Exhibit C.

  • 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.

  • 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.