Examples of DIP Loan Documents in a sentence
Nothing set forth in this Agreement shall require the Borrower or any Guarantor to act or fail to act in a manner that would violate the Bankruptcy Code or any order of the Bankruptcy Court, without prejudice to Xxxxxx's ability to declare the occurrence of an Event of Default based upon such action or failure to act in the event of any inconsistency between this Agreement and any of the other DIP Loan Documents, the terms of this Agreement shall control.
This Agreement, the Financing Orders and the other DIP Loan Documents to which Borrower is a party constitute the entire agreement between Borrower and Lender with respect to the subject matter hereof and thereof, and supersede all prior agreements and understandings, if any, relating to the subject matter hereof or thereof.
The DIP Loan Documents may be executed in one or more counterparts (which taken together, as applicable, shall constitute one and the same instrument) and by facsimile transmission or email transmission via .pdf format, which facsimile or .pdf signatures shall be considered original executed counterparts.
The DIP Loan Documents shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to its choice of law provisions and, to the extent applicable, the Bankruptcy Code.
Borrower shall not apply to the Bankruptcy Court for authority to (a) take any action that is prohibited by the terms of any of the DIP Loan Documents, (b) refrain from taking any action that is required to be taken by the terms of any of the DIP Loan Documents or the Financing Orders, or (c) seek or consent to any amendment, supplement, or any other modification of any terms of the Financing Orders.