Bankruptcy Case. The Company intends to file a voluntary bankruptcy petition (the “Bankruptcy Case”) under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (the “Bankruptcy Code”), in the United States Bankruptcy Court for the Western District of Wisconsin (the “Bankruptcy Court”) not later than the business day immediately following the date this Agreement is executed and delivered by the parties hereto (such business day, the “Petition Date”). The Company intends for the Transactions (as defined below) to be effected under a plan of reorganization of the Company to be confirmed by order of the Bankruptcy Court (the “Plan of Reorganization”). A draft of the Plan of Reorganization has been provided to the Investor prior to delivery of the Investor’s executed signature page hereto.
Bankruptcy Case. On August 12, 2013 (the “Petition Date”), the Company filed a voluntary bankruptcy petition (the “Bankruptcy Case”) under Chapter 11 of Title 11 of the United States Code, 11 U.S.C. §§ 101, et seq. (the “Bankruptcy Code”), in the United States Bankruptcy Court for the Western District of Wisconsin (the “Bankruptcy Court”). The Company intends for the Transactions (as defined below) to be effected under a plan of reorganization of the Company to be confirmed by order of the Bankruptcy Court (the “Plan of Reorganization”). A draft of the Plan of Reorganization has been provided to the Investor prior to delivery of the Investor’s executed signature page hereto.
Bankruptcy Case. The Bankruptcy Plan shall have been confirmed by the Bankruptcy Court pursuant to the Confirmation Order without material modifications (to which the Investor has not consented) and the Confirmation Order shall have become final and non-appealable.
Bankruptcy Case. The Seller Parties shall take such action in connection with Bankruptcy Case that is from time to time reasonably requested by the REIT consistent with the terms of this Agreement.
Bankruptcy Case. (i) The Bankruptcy Plan (including, without limitation, the terms and conditions of the New Notes Indenture and the New Notes (as each such term is defined in the Bankruptcy Plan), each of which shall be in conformity with the applicable provisions of Exhibit B attached hereto), in form and substance reasonably satisfactory to the Investor, shall have been approved by the Bankruptcy Court pursuant to the Confirmation Order, (ii) the Confirmation Order shall be final and non-appealable, (iii) all conditions to the consummation of the Bankruptcy Plan shall have been satisfied in all material respects or waived by the Investor and any other Person that is the beneficiary of any such condition and (iv) all other material orders of the Bankruptcy Court in respect of the Restructuring shall be final and non-appealable. The Restructuring shall have been substantially completed, such that the revised capital structure of the Company on the effective date of the Bankruptcy Case, after giving effect thereto, shall be as set forth in the Capitalization Table.
Bankruptcy Case. The Case shall have been commenced in the Bankruptcy Court and all of the first day orders (entered at the time of commencement of the Case shall be reasonably satisfactory, in form and substance, to Administrative Agent and no trustee or examiner shall have been appointed with respect to any Debtor, or any property of or any estate of any Debtor.
Bankruptcy Case. The Bankruptcy Plan shall have been approved by the Bankruptcy Court pursuant to the Confirmation Order, and the Confirmation Order shall be in form and substance reasonably satisfactory to the Company and CEH LLC and shall be final and non-appealable.
Bankruptcy Case. Purchaser will cooperate fully with the Bankruptcy Court and with Seller to expedite the Bankruptcy Case and to obtain orders as described in Article V.
Bankruptcy Case. The Seller has taken all actions and completed and satisfied all requirements in and with respect to the Bankruptcy Case necessary and appropriate to consummate the Transactions in accordance with the terms and conditions of this Agreement. None of the duties, obligations, covenants, representations or warranties of the parties hereto will conflict with, violate, breach or contravene any order, ruling, judgment or other requirement of the Bankruptcy Case or any Law affecting or relating to the Bankruptcy Case. Pursuant to the Bankruptcy Court Order, the Bankruptcy Court has fully authorized the consummation of the Transactions in accordance with the terms and conditions of this Agreement.
Bankruptcy Case. (a) Borrower shall not permit Sellers to, and Sellers shall not, incur, create, assume, suffer to exist or permit any administrative expense or any claim (now existing or hereafter arising, of any kind or nature whatsoever) which is superior to or pari passu with those granted to Borrower under the agreements governing the DIP Financing.
