Final Financing Order Clause Samples

Final Financing Order. The Final Financing Order shall have been entered by the Bankruptcy Court not later than October 15, 2012, and such order shall be in full force and effect and shall not have been reversed, modified, amended, subject to a pending appeal, stayed or vacated.

Final Financing Order. Borrower shall obtain the entry of a Financing Order (the "FINAL FINANCING ORDER") on or before October 31, 2001, which Final Financing Order shall contain the same terms as the Interim Financing Order with such changes as Lender may approve in its sole discretion.

Final Financing Order. Notwithstanding anything to the contrary herein or in any other Note Document: (a) If any conflict or inconsistency exists between this Supplemental Indenture and any other Note Document with respect to any term or provision applicable to any Guarantor, this Supplemental Indenture shall govern and control to the extent of such conflict or inconsistency. If any conflict or inconsistency exists between this Supplemental Indenture or any Note Document, on the one hand, and the Final Financing Order, on the other hand, then the provisions of the Final Financing Order shall govern and control to the extent of such conflict or inconsistency. Furthermore, all provisions of the Final Financing Order and the terms of the DIP Credit Agreement (whether or not the DIP Credit Agreement is still in effect at such time), including, for the avoidance of doubt, Schedule 6.27 of the DIP Credit Agreement, to the extent authorized by the Final Financing Order, and Annex I to the Final Financing Order, that in any way impact this Supplemental Indenture or any Note Document are hereby incorporated by reference as valid and fully enforceable provisions thereof. (b) None of the Secured Parties shall be permitted to exercise any rights or remedies under this Supplemental Indenture or otherwise against any of the Guarantors in respect of any Guaranteed Obligations unless and until the Discharge of the Senior Obligations has occurred. (c) Nothing contained in this Supplemental Indenture shall constitute a waiver of (i) any applicable notice requirements in the Final Financing Order or (ii) any rights of the Issuer, any Guarantors or any of their Subsidiaries pursuant to the Final Financing Order or Schedule 6.27 of the DIP Credit Agreement, to the extent authorized by the Final Financing Order. (d) This Supplemental Indenture and each of the guarantees hereunder shall automatically terminate with respect to each Guarantor on the Termination Date. The Trustee and the Collateral Trustee, as applicable, are empowered, authorized and directed to execute and deliver such release documents as any Guarantor shall reasonably request to evidence any release pursuant to this Section 13(d) or any other release pursuant to the Final Financing Order. (e) Section 1.2(d) of the August 2016 Pledge and Security Agreement is incorporated herein by reference, mutatis mutandis.

Final Financing Order. (i) Prior to entry of the Final Financing Order, the Interim Financing Order (i) shall have been entered upon application or motion of the Credit Parties reasonably satisfactory in form and substance to Administrative Agent and upon prior notice to such parties required to receive such notice and such other parties as may be reasonably requested by Administrative Agent; (ii) shall be in full force and effect and shall not have been amended, modified, stayed, reversed or vacated without the written consent of Administrative Agent; and (iii) not be the subject of a pending objection, appeal or motion for reconsideration in any respect. (ii) On or before the twenty-sixth (26th) calendar day after the Petition Date (or such other later date as permitted pursuant to Section 9.17), the Final Financing Order (i) shall have been entered upon application or motion of the Credit Parties reasonably satisfactory in form and substance to Administrative Agent and upon prior notice to such parties required to receive such notice and such other parties as may be reasonably requested by Administrative Agent; (ii) shall be in full force and effect and shall not have been amended, modified, stayed, reversed or vacated without the written consent of Administrative Agent; (iii) not be the subject of a pending objection, appeal or motion for reconsideration in any respect; and (iv) on or before the fortieth (40th) calendar day after the Petition Date, such Final Financing Order shall have become a Final Order.

Final Financing Order. If the Bankruptcy Court or any other court with jurisdiction over the Chapter 11 Cases reverses, vacates or stays the effectiveness of the Final Financing Order.

Final Financing Order. A Final Financing Order is not entered on or before the 30th day after the Filing Date (unless a subsequent date for entering of a Final Financing Order is agreed to by Agent and all Lenders) or any such Final Financing Order is stayed, reversed or vacated in any manner not acceptable to Agent and Lenders or the Final Financing Order is amended, modified or supplemented in a manner not permitted under this Agreement.

Final Financing Order. Upon entry of the Final Financing Order, the Final Financing Order will have been duly entered, and will be valid, subsisting and continuing, and will not be subject to any pending appeal or stay.

Final Financing Order. A-7 Financing Orders................................................................................................A-7 Fiscal Year.....................................................................................................A-7 FLSA............................................................................................................A-7 Foreign Subsidiary..............................................................................................A-7 Full Payment....................................................................................................A-7 GAAP............................................................................................................A-8 General Intangible..............................................................................................A-8 Governmental Approvals..........................................................................................A-8 Governmental Authority..........................................................................................A-8 Guarantors...................................................................................................1, A-8 Hazardous Materials.............................................................................................A-8 Indemnified Amount..............................................................................................A-8 Indemnitee......................................................................................................A-8 Insolvency Proceeding...........................................................................................A-8 Instrument......................................................................................................A-9 Intellectual Property...........................................................................................A-9

Final Financing Order. The Nevada Bankruptcy Court shall fail to enter the Final Financing Order on or before April 1, 2010.