That certain Credit Agreement, by and among the Debtors and the DIP Lenders, dated as of March 29, 2007, and approved by the Bankruptcy Court in an order entitled, Final Order Authorizing Debtors to Obtain Post-Petition Financing Pursuant to 11 U.S.C. SSSS 105, 361, 362, 364(c)(1), 364(c)(2), 364(c)(3), and 364(e) [Docket No. 635].
On November 17, 2000, the Bankruptcy Court approved the Final Order Authorizing Post-Petition Financing on a Superpriority Administrative Claim Basis Pursuant to 11 U.S.C. SS 364(c)(1) and Granting Relief from the Automatic Stay Pursuant to 11 U.S.C. SS 362 (the "DIP Order").
On November 22, 2004, with the consent of Wachovia, the Debtors filed a motion pursuant to Section 364 of the Bankruptcy Code for an Order Approving Amendment to Post-Petition Financing Agreement, which was granted by the Bankruptcy Court by order dated December 14, 2004.
If no such written objection is timely served and filed in accordance with paragraph 26, this Interim Order shall be deemed the Final Order on the Objection Deadline and this Interim Order shall continue on a final basis and remain in full force and effect and shall constitute final authority for the balance of the Post-Petition Financing, and any objection by any party in interest to the terms of this Interim Order and the relief requested in the Motion shall be deemed forever waived.
It is a condition precedent to availability under the Post-Petition Financing that the Debtors are allowed to use the Cash Collateral in accordance with and pursuant to the terms of the Cash Collateral Order.