BCA Approval Order means an order of the Bankruptcy Court in form and substance reasonably acceptable to the Debtors and the Required Backstop Parties approving of the Company’s entry into and assumption of this Agreement and providing for the Backstop Fee hereunder to the extent applicable, to constitute administrative expenses of the Company’s bankruptcy estates.
BCA Approval Order means the order of the Bankruptcy Court approving the Backstop Commitment Agreement and authorizing the Debtors to perform thereunder.
BCA Approval Order means an Order of the Bankruptcy Court that is not stayed under Bankruptcy Rule 6004(h) or otherwise (a) authorizing the Company (on behalf of itself and the other Debtors) to execute and deliver this Agreement, including all exhibits and other attachments hereto, pursuant to section 365 of the Bankruptcy Code and (b) providing that the Expense Reimbursement and the indemnification provisions contained herein shall constitute allowed administrative expenses of the Debtors’ estates under sections 503(b) and 507 of the Bankruptcy Code and shall be payable by the Debtors as provided in this Agreement without further Order of the Bankruptcy Court; (c) approving the Rights Offering Procedures for the distribution thereof; and (d) approving the solicitation documents and instructions related to the Rights Offering, including the Offering Form and Master Subscription Form.
Examples of BCA Approval Order in a sentence
The Bankruptcy Court shall have entered the BCA Approval Order and such Order shall be a Final Order.
The BCA Approval Order shall provide that the obligations of the Company under this Article VIII shall constitute allowed administrative expenses of the Debtors’ estate under sections 503(b) and 507 of the Bankruptcy Code and are payable without further Order of the Bankruptcy Court, and that the Company may comply with the requirements of this Article VIII without further Order of the Bankruptcy Court.
The Expense Reimbursement shall, pursuant to the BCA Approval Order, constitute allowed administrative expenses against each of the Debtors’ estates under sections 503(b) and 507 of the Bankruptcy Code.
The Commitment Premium shall be fully earned, nonrefundable and non-avoidable upon entry of the BCA Approval Order and shall be paid by the Debtors, free and clear of any withholding or deduction for any applicable Taxes, on the Closing Date as set forth above.
For the avoidance of doubt, the Transferee’s Commitment Percentage as of the date hereof is set forth on the signature page hereto (and Schedule 1 to the Agreement shall be deemed to have been revised in accordance with the Agreement); provided, however, that such Transferee’s Commitment Percentage may be increased or decreased after the date hereof as provided in the Agreement and the BCA Approval Order.
More Definitions of BCA Approval Order
BCA Approval Order means an Order of the Bankruptcy Court that is not stayed under Bankruptcy Rule 6004(h) or otherwise that (a) authorizes the Company (on behalf of itself and the other Debtors) to execute and deliver this Agreement, including all exhibits and other attachments hereto, pursuant to section 363 of the Bankruptcy Code and (b) provides that the Commitment Premium, Expense Reimbursement and the indemnification provisions contained herein shall constitute allowed administrative expenses of the Debtors’ estates under sections 503(b) and 507 of the Bankruptcy Code and shall be payable by the Debtors as provided in this Agreement without further Order of the Bankruptcy Court.
BCA Approval Order means an Order, in form and substance reasonably acceptable to the Requisite Financing Parties and the Debtors, as evidenced in writing, entered by the Bankruptcy Court authorizing the Debtors to assume this Agreement and approving the Rights Offering Procedures.
BCA Approval Order means an Order of the Bankruptcy Court that is not subject to stay under Bankruptcy Rule 6004(h) or otherwise, which Order shall be the Confirmation Order, that (a) authorizes the Company (on behalf of itself and the other Debtors) to execute and deliver this Agreement, including all exhibits and other attachments hereto, pursuant to section 365 of the Bankruptcy Code and (b) provides that the Backstop Commitment Fee, Expense Reimbursement and the indemnification provisions contained herein shall constitute allowed administrative expenses of the Debtors’ estates under sections 503(b) and 507 of the Bankruptcy Code and shall be payable by the Debtors as provided in this Agreement without further Order of the Bankruptcy Court.
BCA Approval Order means an Order to be entered by the Bankruptcy Court in the form attached hereto as Exhibit B approving and authorizing the Company to enter into this Agreement, approving the Bidding Procedures and authorizing the Debtors’ performance of the BCA Approval Obligations, with only such amendments, supplements, changes and modifications that are satisfactory to the Debtors, the Requisite Investors and the Committee; provided that the consent of the Committee shall only be required if the BCA Approval Order (a) is inconsistent with the terms set forth in the Plan Term Sheet and (b) materially and adversely impacts or affects the rights of the holders of Trade Claims or Financial Claims.
BCA Approval Order means an Order of the Bankruptcy Court that is not stayed under Bankruptcy Rule 6004(h) or otherwise that (a) authorizes the Company (on behalf of itself and the other Debtors) to execute and deliver this Agreement, including all exhibits and other attachments hereto, pursuant to section 363 of the Bankruptcy Code and (b) provides that the Commitment Premium, Expense Reimbursement and the indemnification provisions contained herein shall constitute allowed administrative expenses of the Debtors’ estates under sections 503(b) and 507 of the Bankruptcy Code and shall be payable by the Debtors as provided in this Agreement without further Order of the Bankruptcy Court. “BHC Act” means the Bank Holding Company Act of 1956, as amended, and the rules and regulations promulgated thereunder. “Business Day” means any day, other than a Saturday, Sunday or legal holiday, as defined in Bankruptcy Rule 9006(a). “Chapter 11 Cases” has the meaning set forth in the Recitals. “Closing” has the meaning set forth in Section 2.5(a). “Closing Date” has the meaning set forth in Section 2.5(a). “Code” means the Internal Revenue Code of 1986, as amended. “Commitment Party” means a Joinder Commitment Party or a Senior Commitment Party. “Commitment Party Default” means a Joinder Commitment Party Default or a Senior Commitment Party Default. “Commitment Party Replacement” has the meaning set forth in Section 2.3(b). “Commitment Party Replacement Period” has the meaning set forth in Section 2.3(b). “Commitment Percentage” means, with respect to any Commitment Party, such Commitment Party’s percentage of the Rights Offering Backstop Commitment and the 4(a)(2) Backstop Commitment as set forth opposite such Commitment Party’s name under the column titled “Commitment Percentage” on Schedule 1 to this Agreement. Any reference to “Commitment Percentage” in this Agreement means the Commitment Percentage in effect at the time of the relevant determination. “Commitment Schedule” means Schedule 1 to this Agreement, as amended, supplemented or otherwise modified from time to time in accordance with this Agreement. “Commitment Premium” has the meaning set forth in Section 3.1.
BCA Approval Order means the Order of the Bankruptcy Court entered on October 15, 2014 [Docket No. 663] approving and authorizing the Debtors to enter into this Agreement, approving the Bidding Procedures and authorizing the Debtors’ performance of obligations under this Agreement and related transactions, with only such amendments, supplements, changes and modifications to such order that are satisfactory to the Debtors and the Requisite Investors in consultation with the Committee.
BCA Approval Order means an Order of the Bankruptcy Court that is not stayed under Bankruptcy Rule 6004(h) or otherwise that (a) authorizes the Company (on behalf of itself and the other Debtors) to execute and deliver this Agreement, including all exhibits and other attachments hereto, pursuant to section 363 of the Bankruptcy Code and (b) provides that the Commitment Premium, Expense Reimbursement and the indemnification provisions contained herein shall constitute allowed administrative expenses of the Debtors’ estates under sections 503(b) and 507 of the Bankruptcy Code and shall be payable by the Debtors as provided in this Agreement without further Order of the Bankruptcy Court. “BHC Act” means the Bank Holding Company Act of 1956, as amended, and the rules and regulations promulgated thereunder. “Business Day” means any day, other than a Saturday, Sunday or legal holiday, as defined in Bankruptcy Rule 9006(a). “Chapter 11 Cases” has the meaning set forth in the Recitals. “Closing” has the meaning set forth in Section 2.5(a). “Closing Date” has the meaning set forth in Section 2.5(a). “Code” means the Internal Revenue Code of 1986, as amended. “Commitment Party” means a Joinder Commitment Party, Incremental Senior Commitment Party or a Senior Commitment Party. “Commitment Party Default” means a Joinder Commitment Party Default or a Senior Commitment Party Default. “Commitment Party Replacement” has the meaning set forth in Section 2.3(b). “Commitment Party Replacement Period” has the meaning set forth in Section 2.3(b). 5