The Confirmation Order. The Confirmation Order is final, valid, subsisting and continuing and has not been reversed, modified or amended and has not be stayed and is not subject to a motion to stay and is in full force and effect. All appeal periods relating to the Confirmation Order have expired, and no appeal, contest or other certiorari proceeding with respect to the Confirmation Order is outstanding.
The Confirmation Order. At the Hearing the Sellers shall seek the entry of the Confirmation Order. The Confirmation Order shall, among other matters:
The Confirmation Order. On the date of the making of the ---------------------- initial Loans or the issuance of the initial Letters of Credit hereunder, whichever first occurs, the Confirmed Plan shall be effective, all conditions to effectiveness of the Confirmed Plan have been satisfied (other than those conditions which have been expressly waived in accordance with Sections 10.02 and 10.03 of the Confirmed Plan by the parties named therein and which waiver or waivers have been consented to in writing by the Administrative Agent) and the Confirmation Order and the Yonkers Confirmation Order each will have been entered and will not have been stayed, amended (other than amendments deemed immaterial by the Administrative Agent), vacated, reversed or rescinded and the Bankruptcy Court's retention of jurisdiction, if any, under the Confirmation Order and the Yonkers Confirmation Order shall not govern the enforcement of this Agreement and the other Loan Documents or any rights or remedies relating thereto after the Plan Effective Date. On the date of the making of any Loan or the issuance of any Letter of Credit, (i) the Confirmed Plan will be effective and the Confirmation Order will have been entered and will not have been amended (other than amendments deemed immaterial by the Administrative Agent), stayed, vacated, reversed or rescinded and (ii) the Yonkers Confirmation Order will have been entered and will not have been amended, stayed, vacated, reversed or rescinded in any manner which, in the Administrative Agent's sole discretion, could have a material adverse effect on (a) the assets, liabilities, business, operations, condition (financial or otherwise) or prospects of the Borrower or any other Credit Party or (b) the enforceability of the rights and remedies of the Administrative Agent, the Issuing Bank, the Collateral Agent, the Tranche B Agent, the Co-Agents and the Lenders under the Loan Documents (including, without limitation, the Liens granted to the Collateral Agent, for its benefit and the benefit of the other Secured Parties, under the Loan Documents), or (c) the ability of the Borrower or the other Credit Parties to pay the Obligations when due and to perform their covenants and agreements under the Loan Documents. Upon the maturity (whether by the acceleration or otherwise) of any of the Obligations of the Borrower and the other Credit Parties hereunder and under the other Loan Documents, the Lenders shall, subject to the provisions of Article VII, be entitled ...
The Confirmation Order. As of the date of the submission of a Letter of Credit Application or the request for a renewal, amendment or extension of a Letter of Credit, the Confirmation Order has not been stayed, amended, vacated, reversed, rescinded or otherwise modified in any respect (except in accordance with the terms hereof).
The Confirmation Order. On the date of the making of the initial Loans or the issuance of the initial Letters of Credit hereunder, whichever first occurs, the Plan of Reorganization shall be effective and the Confirmation Order will have been entered and will not have been stayed, amended, vacated, reversed or rescinded and the Bankruptcy Court's retention of jurisdiction, if any, under the Confirmation Order shall not govern the enforcement of this Agreement and the other Loan Documents or any rights or remedies relating thereto after the Plan Effective Date. On the date of the making of any Loan or the issuance of any Letter of Credit, the Plan of Reorganization will be effective and the Confirmation Order will have been entered and will not have been amended, stayed, vacated or rescinded. Upon the maturity (whether by the acceleration or otherwise) of any of the Obligations of the Borrower and the Guarantors hereunder and under the other Loan Documents, the Lenders shall, subject to the provisions of Section 7.01, be entitled to immediate payment of such obligations, and to enforce the remedies provided for hereunder and under the other Loan Documents.
The Confirmation Order. At the time of the making of the initial Loans or at the time of the issuance of the initial Letter of Credit, whichever first occurs, the Administrative Agent, the Issuing Bank, the Collateral Agent and the Lenders shall have received a certified copy of the Confirmation Order in the form attached hereto as Exhibit C and the Confirmation Order shall be reasonably satisfactory to the Requisite Lenders. The Confirmation Order shall not have been reversed, modified or amended and shall not be stayed or subject to a motion to stay and, unless otherwise agreed by the Administrative Agent, all appeal periods relating to the Confirmation Order shall have expired, and no appeals from the Confirmation Order shall be outstanding. Except as consented to by the Administrative Agent, the Bankruptcy Court's retention of jurisdiction under the Confirmation Order shall not govern the enforcement of this Agreement and the other Loan Documents or any rights or remedies relating thereto after the Plan Effective Date,
The Confirmation Order. A copy of the Confirmation Order, certified by a Responsible Officer on behalf of the Company as being a true and complete copy, in substantially the form of Exhibit L hereto, with a determination of solvency included in such Confirmation Order.
The Confirmation Order. The Confirmation Order shall be in full force and effect and shall not have been reversed, stayed, modified or amended, except for such modifications, and amendments mutually agreed to by the Borrower, the Agent and the Lenders.
The Confirmation Order. The Confirmation Order shall be in form and substance reasonably satisfactory to the Acquiror and shall provide that:
The Confirmation Order. The Confirmation Order shall have been entered in a form and content acceptable to FSCI and the Company, shall not have been modified, amended, dissolved, revoked or rescinded, shall be in full force and effect on the Closing Date, and, without the necessity of any further action or proceedings by the Company, any of its subsidiaries or the Bankruptcy Court, shall have, to the extent specified in the Plan, (i) on or prior to the Closing Date, effected a full and complete discharge and release of, and thereby extinguished, all debts of the Company and each of its subsidiaries (to the fullest extent possible under Section 1141(d)(1) of the Bankruptcy Code) (ii) extinguished all Existing Shares and Existing Equity Rights, and (iii) at and as of the Closing Date, authorized the issuance of New UPC Common Stock and New UPC Preferred Stock in accordance with the Plan.
