Common use of Use of Cash Collateral Clause in Contracts

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iv) the date on which neither this Interim Order nor the Final Order is in full force and effect, (v) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Order, the DIP Budget (as in effect on the date hereof), or the DIP Financing Term Sheet (as in effect on the date hereof), (vi) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 (inclusive of borrowings authorized under this Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (vii) the date on which the Borrower’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s Chapter 11 Case, or (ix) the date on which the Borrower fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iv) the date on which neither this Interim Order nor the Final Order is in full force and effect, (v) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Order, the DIP Budget (as in effect on the date hereof), or the DIP Financing Term Sheet (as in effect on the date hereof), (vi) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 2,500,000.00 (inclusive of borrowings authorized under this Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (vii) the date on which the Borrower’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s Chapter 11 Case, or (ix) the date on which the Borrower fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Final Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof of the Interim Order until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iiiii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iviii) the date on which neither this Interim Order nor the Final Order is not in full force and effect, (viv) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Final Order, or the DIP Budget (as in effect on the date hereof), ) or the DIP Financing Term Sheet (as in effect on the date hereof), (viv) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 4,500,000.00 (inclusive of borrowings authorized under this the Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the this Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (viivi) the date on which the Borrower’s or the Guarantor’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viiivii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s or the Guarantor’s Chapter 11 Case, or (ixviii) the date on which the Borrower or the Guarantor fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Final Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Final Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof of the Interim Order until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iiiii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iviii) the date on which neither this Interim Order nor the Final Order is not in full force and effect, (viv) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Final Order, or the DIP Budget (as in effect on the date hereof), ) or the DIP Financing Term Sheet (as in effect on the date hereof), (viv) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 3,000,000.00 (inclusive of borrowings authorized under this the Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the this Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (viivi) the date on which the Borrower’s or the Guarantor’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viiivii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s or the Guarantor’s Chapter 11 Case, or (ixviii) the date on which the Borrower or the Guarantor fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Final Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Final Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof of the Interim Order until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iiiii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iviii) the date on which neither this Interim Order nor the Final Order is not in full force and effect, (viv) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Final Order, or the DIP Budget (as in effect on the date hereof), ) or the DIP Financing Term Sheet (as in effect on the date hereof), (viv) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 (inclusive of borrowings authorized under this the Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the this Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (viivi) the date on which the Borrower’s or the Guarantor’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viiivii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s or the Guarantor’s Chapter 11 Case, or (ixviii) the date on which the Borrower or the Guarantor fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Final Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iv) the date on which neither this Interim Order nor the Final Order is in full force and effect, (v) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Order, the DIP Budget (as in effect on the date hereof), or the DIP Financing Term Sheet (as in effect on the date hereof), (vi) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 500,000.00 (inclusive of borrowings authorized under this Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (vii) the date on which the Borrower’s or the Guarantor’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, or (viii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s or the Guarantor’s Chapter 11 Case, or (ix) the date on which the Borrower fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Final Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof of the Interim Order until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iiiii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iviii) the date on which neither this Interim Order nor the Final Order is not in full force and effect, (viv) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Final Order, or the DIP Budget (as in effect on the date hereof), ) or the DIP Financing Term Sheet (as in effect on the date hereof), (viv) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 6,000,000.00 (inclusive of borrowings authorized under this the Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the this Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (viivi) the date on which the Borrower’s or the Guarantor’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viiivii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s or the Guarantor’s Chapter 11 Case, or (ixviii) the date on which the Borrower or the Guarantor fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Final Order.

Use of Cash Collateral. Subject to the terms and conditions set forth in this Interim Final Order, the Borrower is authorized, pursuant to section 363(c)(2)(B) of the Bankruptcy Code, to use the Prepetition Lenders’ Cash Collateral for the period of time from the date hereof of the Interim Order until the occurrence of a “Termination Event,” which shall mean the earliest to occur of (i) 30 days after the date of entry of this Interim Order if the Final Order has not been entered by such date, (ii) the occurrence of the Maturity Date, (iiiii) the determination by the Postpetition Lender to terminate the DIP Financing following the occurrence of an Event of Default, (iviii) the date on which neither this Interim Order nor the Final Order is not in full force and effect, (viv) the date on which any Cash Collateral is not expended in accordance with the provisions of this Interim Final Order, or the DIP Budget (as in effect on the date hereof), ) or the DIP Financing Term Sheet (as in effect on the date hereof), (viv) the date on which the Borrower seeks or receives authorization from this Court to borrow more than the principal amount of $5,000,000.00 1,500,000.00 (inclusive of borrowings authorized under this the Interim Order) under the Postpetition Financing Documents or any other financing arrangements prior to, on or after entry of the this Final Order without being authorized, directed and required, as a condition to such additional borrowings, to immediately and indefeasibly repay and satisfy in full, in cash all of the Postpetition Obligations from the proceeds of such additional borrowings, (viivi) the date on which the Borrower’s or the Guarantor’s Chapter 11 Case is converted to a case under chapter 7 of the Bankruptcy Code, (viiivii) the date on which a trustee or examiner with expanded powers is appointed in the Borrower’s or the Guarantor’s Chapter 11 Case, or (ixviii) the date on which the Borrower or the Guarantor fails to make any payments to the Prepetition Lenders when due in accordance with this Interim Final Order.