Final Borrowing Order means an order, in form attached as Exhibit B hereto or otherwise satisfactory to the Agents, entered in the Reorganization Cases after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and applicable local rules, which is a Final Order, and which order authorizes the creation of the credit facilities contemplated by this Agreement, as such order may from time to time be amended with the written consent of the Agents, the Co-Lead Arrangers and the Required Lenders.
Final Borrowing Order means, collectively, the order of the Bankruptcy Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) or such other procedures as approved by the Bankruptcy Court, which order shall be reasonably satisfactory in form and substance to the Instructing Group and the Last Out Requisite Lenders, together with all extensions, modifications and amendments thereto, in form and substance reasonably satisfactory to the Instructing Group and the Last Out Requisite Lenders, and which, among other matters but not by way of limitation, authorizes the U.S. Debtors to obtain credit, incur (or guaranty) Debt, and grant Liens under (or in respect of) this Agreement and the other Loan Documents, as the case may be, and provides for the superpriority of the Administrative Agent’s and the Lenders’ claims hereunder and under the other Loan Documents.
Final Borrowing Order means a Borrowing Order entered in the Reorganization Cases after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and applicable local rules, which is a Final Order.
Examples of Final Borrowing Order in a sentence
The Final Borrowing Order is in full force and effect and has not been stayed by the Bankruptcy Court or any other court of competent jurisdiction and has not been reversed, vacated or otherwise modified after the entry thereof.
Subject to compliance with the Final Borrowing Order and any applicable provisions of the Bankruptcy Code, each Loan Party has all requisite corporate power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement as amended by this Amendment (the "Amended Agreement").
He “mustdemonstrate that: (1) []he was a member of a protected group; (2) []he was qualified for the position; (3) []he has suffered an adverse employment action; and (4) the circumstances surrounding this adverse employment action permit an inference of discrimination.” Id. (citingMcDonnell Douglas Corp.
Upon entry by the Bankruptcy Court of the Interim Borrowing Order (or the Final Borrowing Order when applicable), each of the Loan Documents has been duly executed and delivered by each Loan Party thereto and is the legal, valid and binding obligation of each Loan Party thereto, enforceable against such Loan Party in accordance with its terms and the terms of the Interim Borrowing Order (or the Final Borrowing Order when applicable).
The Interim Borrowing Order or (when entered) the Final Borrowing Order shall be in full force and effect and shall not have been stayed, reversed, amended, modified or vacated without the consent of the Instructing Group.
More Definitions of Final Borrowing Order
Final Borrowing Order. An order of the Court entered in the Chapter 11 Case after a final hearing under Bankruptcy Rule 4001(c)(2) in the form attached hereto as Exhibit B-2 with any modifications thereto approved by the Lender in its sole discretion, as the same may be amended, supplemented or otherwise modified from time to time with the express written consent or joinder of the Lender.
Final Borrowing Order means an order of the Bankruptcy Court, which order is a Final Order and shall be in form, scope and substance reasonably acceptable to the Lender, which, among other matters but not by way of limitation, (i) authorizes the Loan Parties to obtain credit, incur (or guaranty) Obligations, grant Liens under this Agreement, the other Loan Documents, and the DIP Orders and otherwise perform their obligations under this Agreement and the other Loan Documents and (ii) provides for the super priority of the Lender’s claims (subject to the Professional Fee Carve Out).
Final Borrowing Order. A Borrowing Order entered in the Proceedings after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.
Final Borrowing Order. A Borrowing Order entered in the Bankruptcy Case after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.
Final Borrowing Order means that certain Final Order (i) Authorizing the Debtors to Use Cash Collateral, (ii) Granting Adequate Protection to Prepetition Secured Lenders, and (iii) Authorizing Post-Petition Financing entered by the Bankruptcy Court on April 17, 2008.
Final Borrowing Order means an order of the Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) in substantially the form attached hereto as EXHIBIT XVII-B with any modifications thereto approved by Agent in its sole discretion, as the same may be amended, supplemented or otherwise modified from time to time with the express written consent or joinder of Requisite Lenders (PROVIDED that the Stonington Lender shall not be disparately treated from the other Lenders) and approved by the Court.
Final Borrowing Order means an order substantially in the form of the Interim Borrowing Order (with any modifications thereto approved by Agents and Requisite Lenders (or all Lenders if required pursuant to clause (iii) of the following proviso) in their sole discretion) entered by the Bankruptcy Court in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2), as the same may be amended, supplemented or otherwise modified from time to time; provided, however, that such order shall not be deemed the Final Borrowing Order for purposes of this Agreement unless (i) at least eleven (11) days have elapsed since the entry of such order, (ii) such order has not been reversed or stayed by the Bankruptcy Court or any other court of competent jurisdiction, (iii) such order is in full force and effect substantially in the form of the Interim Borrowing Order without amendment, supplement or other modification other than amendments, supplements or modifications made with the express written consent or joinder of Agents and Requisite Lenders and approved by the Bankruptcy Court (provided, however, that the express written consent of all Lenders shall be required in the event that such amendments, supplements or modifications result in less than 50% of the original Tranche B Loan Exposure of all Lenders having the priority and administrative claim status described in subsection 2.10 as being applicable to the Obligations), and (iv) substantially concurrent with the entry of such order, Borrowers shall have delivered to Agents and Lenders a consolidated cash forecast for Company and its Subsidiaries, in form consistent with the Monthly Budget delivered to Agents pursuant to subsection 4.1F hereof (with line items for projected cash receipts and cash expenditures corresponding to those in such Monthly Budget) and in substance satisfactory to Requisite Lenders in their sole discretion, with monthly projections for the immediately following month and each other month remaining in the Budget Period, together with an explanation of the material assumptions on which such projections are based. Any reference in this Agreement (other than in this definition, in the definitions of "Applicable Conversion Date" and "Termination Date", and in subsections 2.1A(ii), 2.4A(ii) and 8.6) and the Loan Documents to the date of "entry" of the Final Borrowing Order shall be deemed to refer to the date which is 11 days following the entry of such order, so long as such order has not been reversed...