Prepetition Indebtedness. The Borrowers shall not pay or discharge, or cause to be paid or discharged, any Indebtedness of any Borrower incurred before the Filing Date other than payments:
Prepetition Indebtedness. The Debtors shall not pay or discharge, or cause to be paid or discharged, any Indebtedness of any Debtor incurred before the Filing Date other than payments:
Prepetition Indebtedness. (a) . Subject to Section 6.7, pay or discharge, or permit any Loan Party to pay or discharge, or cause to be paid or discharged, any Indebtedness of any Loan Party incurred before the Filing Date except as provided for in the Orders .
Prepetition Indebtedness. 35 6.16 Application to the Court . . . . . .. . . . . 35
Prepetition Indebtedness. No Borrower shall consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, any Prepetition Indebtedness if doing so would violate the provisions of the Bankruptcy Code or an order of the Bankruptcy Court.
Prepetition Indebtedness. No Borrower shall make any payment in ------------------------ respect of, or repurchase, redeem, retire or defease any, Prepetition Indebtedness except for:
Prepetition Indebtedness. Consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, (a) any Order or (b) the Prepetition Indebtedness. Except for (i) claims of employees for unpaid wages, bonuses, accrued vacation, tuition reimbursement and personal time, business expenses and contributions to employee benefit plans for the period immediately preceding the Petition Date and prepetition severance obligations, in each case to the extent permitted to be paid by order of the Bankruptcy Court, (ii) cure payments made in accordance with Section 365(b)(1)(A) of the Bankruptcy Code, (iii) claims of "Utilities" (within the meaning of Section 366 of the Bankruptcy Code) for services provided prior to the Petition Date and in the ordinary course of the Borrowers' (other than any disputed claims or any disputed portions thereof) and the Utilities' businesses, respectively, and utility deposits, if any, made in accordance with Section 366 of the Bankruptcy Code, and (iv) payments to "Critical Vendors" approved by the Bankruptcy Court, no Borrower shall make any payment in respect of, or repurchase, redeem, retire or defease any Prepetition Indebtedness.
Prepetition Indebtedness. No Borrower shall consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, the Interim Order or the Final Order or the Prepetition Indebtedness. Except for (i) claims of employees for unpaid wages, bonuses, accrued vacation and sick leave time, business expenses and contributions to employee benefit plans for the period immediately preceding the Petition Date, in each case to the extent permitted to be paid by order of the Bankruptcy Court, (ii) cure payments made in accordance with Section 365(b)(1)(A) of the Bankruptcy Code, (iii) utility deposits made in accordance with Section 366 of the Bankruptcy Code, (iv) so long as no Default or Event of Default has occurred and is continuing, payments to Prepetition Lenders in accordance with the Cash Use Order, and (v) payments to certain suppliers in accordance with the Lumberman's Order, no Borrower shall make any payment in respect of, or repurchase, redeem, retire or defease any, Prepetition Indebtedness.
Prepetition Indebtedness. Indebtedness under the Credit Agreement, dated as of May 30, 2008 (as amended, modified and supplemented from time to time), by and among VeraSun Energy Corporation, VeraSun Fort Dodge, LLC, VeraSun Xxxxxxx, LLC, VeraSun Welcome, LLC, VeraSun Xxxxxxx City, LLC, VeraSun Aurora Corporation, and VeraSun Marketing, LLC, together with VeraSun Energy Corporation, as borrowers, UBS AG, Stamford Branch, as issuing bank, administrative agent, and co-collateral agent, UBS Securities LLC, as lead arranger, documentation agent, and syndication agent, UBS Loan Finance LLC, as Swingline Lender, and the other agents and lenders from time to time parties thereto, and the other Loan Documents (as defined therein). Indebtedness under the 9 7/8% Senior Secured Notes due 2012, issued under an Indenture, dated as of December 21, 2005 (as amended, modified and supplemented from time to time), by and among VeraSun Energy Corporation, as issuer, VeraSun Aurora Corporation, VeraSun Fort Dodge, LLC, VeraSun Xxxxxxx City, LLC, VeraSun Marketing, LLC, as subsidiary guarantors, and other subsidiary guarantors party thereto, and Xxxxx Fargo Bank, N.A., as trustee, the Securities and the Security Documents (each as defined therein). Indebtedness under the 9 3/8 Senior Notes due 2017, issued under an Indenture, dated as of May 16, 2007 (as amended, modified and supplemented from time to time), by and among VeraSun Energy Corporation, as issuer, VeraSun Aurora Corporation, VeraSun Fort Dodge, LLC, VeraSun Xxxxxxx City, LLC, VeraSun Marketing, LLC, VeraSun Xxxxxxx, LLC, VeraSun Biodiesel, LLC, VeraSun Welcome, LLC, VeraSun Granite City, LLC, and VeraSun Xxxxxxxx, LLC, as subsidiary guarantors, and other subsidiary guarantors party thereto, and Xxxxx Fargo Bank, N.A., as trustee, and the Securities (as defined therein). Promissory Note of VeraSun Xxxxxxxx, LLC (the “Borrower”) payable to White County, Indiana (as “Issuer”), in the principal sum of $12,465,000, issued under the Loan Agreement dated as of September 1, 2007 between Issuer and Borrower. Outstanding Letters of Credit – See Attached. Liabilities associated with liens permitted under Section 7.3. Debt secured by Liens referenced on Schedule 7.3. Guarantee Obligations referenced on Schedule 7.4. Schedule 7.2(b) - 1 Schedule 7.2(b) Prepetition Indebedness Letters of Credit Letters of Credit with FNBO-Omaha Beneficiary of LC LC Number Basis Amount Fee Rate Fee Pmt Frequency Start Date Expiration Evergreen VeraSun Ft. Dodge Northern N...
Prepetition Indebtedness. The Indebtedness and Contingent Obligations constituting Prepetition Indebtedness (and all amounts owing in respect thereof) of Borrowers as of the Petition Date are set forth on Schedule 7.1 annexed hereto. The Prepetition Obligations are secured by valid and enforceable first priority liens and security interests granted by the Prepetition Loan Parties to the Prepetition Agent, for the ratable benefit of the Prepetition Lenders, upon all of the Prepetition Collateral, subject only to Permitted Encumbrances. The Prepetition Obligations and the liens and security interests of the Prepetition Agent, for the ratable benefit of the Prepetition Lenders, in the Prepetition Collateral are not subject to avoidance, defense, objection, action, counterclaim, setoff or subordination of any kind whatsoever. The Prepetition Obligations constitute legal, valid and binding obligations of each Loan, enforceable in accordance with the terms of the Prepetition Credit Documents and pursuant to applicable law, except as limited by general equitable principles (regardless whether such enforceability is considered in a proceeding at law or in equity).
