Common use of Case Administration Clause in Contracts

Case Administration. The Interim Borrowing Order shall be in full force and effect and shall not have been reversed, modified or amended in any respect, provided, that the Bankruptcy Court shall enter the Final Borrowing Order authorizing and approving this Agreement pursuant to Section 364(c) of the Bankruptcy Code and Bankruptcy Rule 4001, in form and substance satisfactory to the Agents and the Lenders, and the Final Borrowing Order shall be in full force and effect, and shall not have been reversed, modified or amended in any respect, prior to the earlier to occur of (i) February 10, 2000 and (ii) the time of the making of any Loan or the issuance, extension or renewal of any Letter of Credit the amount of which, when added to the principal amount of all Loans and (as the case may be) the maximum drawing amount of all Letters of Credit then outstanding, would exceed the aggregate amount thereof which was authorized by the Bankruptcy Court in the Interim Borrowing Order for Loans or Letters of Credit or both. If either the Interim Borrowing Order or the Final Borrowing Order is the subject of a pending appeal in any respect, none of such Order, the making of the Loans, the issuance, extension or renewal of any Letters of Credit, or the performance by the Borrower of any of its obligations under any of the Loan Documents shall be the subject of a presently effective stay pending appeal. The Borrower and the Agents and the Lenders shall be entitled to rely in good faith upon the Orders notwithstanding objection thereto or appeal therefrom by any interested party. The Borrower and the Agents and the Lenders shall be permitted and required to perform their respective obligations in compliance with this Agreement notwithstanding any such objection or appeal unless the relevant Order has been stayed by a court of competent jurisdiction. The request by the Borrower for, and the acceptance by the Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Borrower that the conditions specified in this Section 4.2 have been satisfied at that time and that after giving effect to such extension of credit the Borrower shall continue to be in compliance with the Borrowing Base.

Case Administration. The Interim Borrowing Order shall be in full force and effect and shall not have been reversed, modified or amended in any respect, provided, that the Bankruptcy Court shall enter a final order (the "Final Borrowing Order Order") authorizing and approving this Credit Agreement pursuant to Section 364(c) of the Bankruptcy Code and Bankruptcy Rule 4001, in form and substance satisfactory to the Agents and the LendersBanks, and the Final Borrowing Order shall be in full force and effect, and shall not have been reversed, modified or amended in any respect, prior to the earlier to occur of (i) February 10, 2000 the date which is thirty (30) days after the date hereof and (ii) the time of the making of any Loan or the issuance, extension or renewal of any Letter of Credit the amount of which, when added to the principal amount of all Loans and or (as the case may be) the maximum drawing amount Maximum Drawing Amount of all Letters of Credit then outstanding, would exceed the aggregate amount thereof which was authorized by the Bankruptcy Court in the Interim Borrowing Order for Loans or Letters of Credit or both. If either the Interim Borrowing Order or the Final Borrowing Order is the subject of a pending appeal in any respect, none of such Order, the making of the Loans, the issuance, extension or renewal of any Letters of Credit, or the performance by the Borrower or the Guarantor of any of its obligations under any of the Loan Documents shall be the subject of a presently effective stay pending appeal. The Borrower Borrower, the Guarantors and the Agents and the Lenders Banks shall be entitled to rely in good faith upon the Orders notwithstanding objection thereto or appeal therefrom by any interested party. The Borrower Borrower, the Guarantors and the Agents and the Lenders Banks shall be permitted and required to perform their respective obligations in compliance with this Agreement notwithstanding any such objection or appeal unless the relevant Order has been stayed by a court of competent jurisdiction. The request by the Borrower for, and the acceptance by the Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Borrower that the conditions specified in this Section 4.2 have been satisfied at that time and that after giving effect to such extension of credit the Borrower shall continue to be in compliance with the Borrowing Base.

Case Administration. The Interim Borrowing Order shall be in full force and effect and shall not have been reversed, modified or amended in any respect, provided, that the Bankruptcy Court shall enter a final order (the Final Borrowing Order "FINAL ORDER") authorizing and approving this Credit Agreement pursuant to Section 364(c) and (d) of the Bankruptcy Code and Bankruptcy Rule 4001, in form and substance satisfactory to the Agents and finding that the LendersLenders are extending credit to the Borrower in good faith pursuant to Section 364(e) of the Bankruptcy Code, and the Final Borrowing Order shall be in full force and effect, and shall not have been reversed, modified or amended in any respect, prior to the earlier to occur of (i) February 10, 2000 the date which is thirty (30) days after the date hereof and (ii) the time of the making of any Loan or the issuance, extension or renewal of any Letter of Credit the amount of which, when added to the principal amount of all Loans and or (as the case may be) the maximum drawing amount Maximum Drawing Amount of all Letters of Credit then outstanding, would exceed the aggregate amount thereof which was authorized by the Bankruptcy Court in the Interim Borrowing Order for Loans or Letters of Credit or both. If either the Interim Borrowing Order or the Final Borrowing Order is the subject of a pending appeal in any respect, none of such Order, the making of the Loans, the issuance, extension or renewal of any Letters of Credit, or the performance by the Borrower or the Guarantor of any of its obligations under any of the Loan Documents shall be the subject of a presently effective stay pending appeal. The Borrower Borrower, the Guarantors and the Agents and the Lenders shall be entitled to rely in good faith upon the Orders notwithstanding objection thereto or appeal therefrom by any interested party. The Borrower Borrower, the Guarantors and the Agents and the Lenders shall be permitted and required to perform their respective obligations in compliance with this Credit Agreement notwithstanding any such objection or appeal unless the relevant Order has been stayed by a court of competent jurisdiction. The request by the Borrower for, and the acceptance by the Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Borrower that the conditions specified in this Section 4.2 have been satisfied at that time and that after giving effect to such extension of credit the Borrower shall continue to be in compliance with the Borrowing Base.