Examples of Final Borrowing Notice in a sentence
To the extent any Ordinary Course Liability is in excess of the Estimated Liabilities Amount provided for in the Final Borrowing Notice, such amounts will be paid from the Cash Consideration.
As provided in the Post-Petition Financing Order, under the Post-Petition Facility, the Final Borrowing Notice shall identify the Estimated Liabilities Amount under the Approved Budget to be held in the Segregated Account pending payment.
To the extent any estate professional seeks payment of fees and reimbursements or expenses in excess of the amount provided for in the Final Borrowing Notice, such fees shall be paid from the Cash Consideration upon further order from the Court, not from the Segregated Account.
As provided in the Post-Petition Financing Order, under the Post-Petition Facility, the Final Borrowing Notice shall identify each Professional for which the Estimated Professionals Amount is to be held in the Segregated Account, pending approval by the Bankruptcy Court of payment of such amounts to the extent incurred under the Approved Budget.
Any fees or expenses of ESW Capital, LLC that are not otherwise paid out of the Post-Petition Financing pursuant to the Post-Petition Financing Order, including amounts identified under the Final Borrowing Notice, shall be deemed Allowed and payable as an Ordinary Course Liability pursuant to Section 1129(a)(4) of the Bankruptcy Code.
Any fees or expenses of ESW Capital, LLC that are not otherwise paid out of the Post-Petition Financing pursuant to the Post-Petition Financing Order, including amounts identified under the Final Borrowing Notice, shall be deemed Allowed and payable as an Ordinary Course Liability pursuant to Section 1129(a)(4) of the Bankruptcy Code and paid through the Cash Consideration.
As provided in the Post-Petition Financing Order, under the Post-Petition Facility, the Final Borrowing Notice shall identify the Estimated Professionals Amount to be held in the Segregated Account pending approval by the Bankruptcy Court of payment of such amounts to the extent incurred under the Approved Budget.
The Post-Petition Lender will fund the Final Borrowing Notice from the Post-Petition Loans to be held by the Estate, or subsequently, a distribution agent, in a segregated account, payable only upon further fee order from the Court.
To the extent the professionals’ fees and expenses are not paid from the Post-Petition Facility, including being accounted for under the Final Borrowing Notice, such fees and expenses shall be paid from the Cash Consideration, and the Distribution Trustee shall make appropriate reserves for such compensation.
In no event shall a Professional be paid more than its allocated amount from the funds in the Segregated Account obtained through the Final Borrowing Notice.