Interim Borrowing Order definition
Interim Borrowing Order means an order of the Court entered in the Chapter 11 Cases after an interim hearing under Bankruptcy Rule 4001(c)(2) in the form attached hereto as Exhibit IX with any modifications approved by Agent in its sole discre- tion. The Interim Borrowing Order shall also contain a finding consistent with the representation of Borrower set forth in subsection 4.2A(ii).
Interim Borrowing Order means collectively, the order of the Bankruptcy Court entered in the Chapter 11 Cases after an interim hearing, together with all extensions, modifications and amendments thereto, in form and substance reasonably satisfactory to the Instructing Group and the Last Out Requisite Lenders, which, among other matters but not by way of limitation, authorizes, on an interim basis, the Borrower and Subsidiary Guarantors to execute and perform under the terms of this Agreement and the other Loan Documents and incur (and guarantee) and secure the Advances, Letters of Credit and other Obligations in connection therewith, which order shall be in form and substance satisfactory to the Instructing Group and the Last Out Requisite Lenders, and which shall be deemed satisfactory to each of the Instructing Group and each Last Out Term Lender if such order is substantially in the form of Exhibit H.
Interim Borrowing Order. A Borrowing Order entered in the Proceedings prior to notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.
Examples of Interim Borrowing Order in a sentence
On the Closing Date, the Interim Borrowing Order (or the Final Borrowing Order, as applicable) shall have been entered.
The Chapter 11 Cases were commenced on the Petition Date in accordance with applicable law and proper notice thereof and of the hearing for the approval of the Interim Borrowing Order (or Final Borrowing Order, as applicable) has been given as identified in the “Certificate of Service” filed with the Bankruptcy Court.
The Interim Borrowing Order and/or 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.
The Interim Borrowing Order shall have been entered by the Bankruptcy Court on or prior to 5:00 P.M. (New York City time) no later than the fifth (5th) Business Day after the Petition Date.
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).
More Definitions of Interim Borrowing Order
Interim Borrowing Order means an order entered by the Bankruptcy Court, in form, scope and substance as may be acceptable to Administrative Borrower, the Administrative Agent and the Required Lenders, authorizing, on an interim basis, inter alia Borrowers to obtain credit and incur (or guaranty) Obligations, granting Liens to secure the Obligations, and providing for the super priority of the Administrative Agent’s and the Lenders’ claims.
Interim Borrowing Order means an order entered by the Bankruptcy Court, substantially in the form of, and containing the provisions set forth in, Exhibit C (or such other form and provisions as may be reasonably acceptable to the Lender), approving, on an interim basis, the Loan Parties’ obtaining credit and incurring (or guarantying) Obligations, granting Liens to secure the Obligations, and providing for the super priority of the Lender’s claims (subject to the Professional Fee Carve Out), and entering into and performing their obligations under this Agreement and the other Loan Documents.
Interim Borrowing Order means an order of the Court entered in the Chapter 11 Cases after an interim hearing under Bankruptcy Rule 4001(c)(2) in substantially the form attached hereto as EXHIBIT XVII-A 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.
Interim Borrowing Order means the Borrowing Order entered in the Reorganization Cases on March 3, 2004 prior to notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and any applicable local rules of the Bankruptcy Court.
Interim Borrowing Order. A Borrowing Order in form as is acceptable to the Lender in its reasonable discretion which has been entered in the Bankruptcy Case prior to notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.
Interim Borrowing Order means an order of the Bankruptcy Court entered in ----------------------- the Chapter 11 Case after an interim hearing under Bankruptcy Rule 4001(c)(2), satisfactory in form and substance to the Lenders, and from which no appeal has been timely filed, or if an appeal has been filed, no stay of such order pending appeal shall have been granted, together with all extensions, modifications and amendments thereto consented to in writing by the Lend ers, (a) authorizing, on an interim basis, Borrower to execute and to perform under the terms of this Agreement and the other Loan Documents, (b) granting and establishing the priority and perfection of Liens under this Agreement and the other Loan Documents, (c) approving the form of, and the rights, remedies and obligations contained in, this Agreement and the other Loan Documents, (d) providing for the administrative expense priority of the Lenders' claims hereunder constituting Postpetition Obligations, (e) finding that notice of and opportunity for a hearing on the proceedings relating to entry of the Interim Borrowing Order were adequate and appropriate under the circumstances, (f) finding that extensions of credit made by the Lenders pursuant to this Agreement shall constitute extensions of credit made in good faith under Section 364(e) of the Bankruptcy Code, and (g) providing that the stay under Section 362 of the Bankruptcy Code shall be automatically lifted, modified or otherwise vacated (i) immediately for perfection and implementation of all Liens under this Agreement and the other Loan Documents and (ii) upon not less than three Business Days' notice to Borrower, the Office of the United States Trustee and counsel to the Official Committee (or, in the absence of any such Official Committee, to Borrower's 20 largest unsecured creditors as set forth in the list filed pursuant to Bankruptcy Rule 1007(d)), for enforcement of all Liens granted under this Agreement and the other Loan Documents, all without need for further order or authorization of the Court, all as set forth in such Order.
Interim Borrowing Order shall have the meaning ascribed to that term in Section 15.2(c) hereof.