Postpetition Lenders means those entities identified as lenders in the Postpetition Financing Agreement and their respective permitted successors and assigns (solely in their capacity as lenders under the Postpetition Financing Agreement).
Pursuant to the terms of the Interim Order and the Final Order (with respect to the period on and after entry of the Final Order), as the case may be, the automatic stay of section 362 of the Bankruptcy Code has been modified to permit enforcement of the Postpetition Lenders rights and remedies under this Agreement and the other Postpetition Financing Documents.
Nothing set forth in this Section 5.01(b) shall be deemed to limit any of the Postpetition Lenders rights under the Orders.
The Borrower agrees that upon the occurrence and during the continuing existence of an Event of Default, at the Postpetition Lenders request, the Borrower will furnish to the Postpetition Lender a report on the condition of the Borrowers property prepared by a professional engineer reasonably satisfactory to the Postpetition Lender.
Any variance from the DIP Budget shall be deemed to be a material variance and shall require the Postpetition Lenders consent, and any amounts not included in the DIP Budget that have been approved for payment by the Bankruptcy Court shall not be funded unless and until approved by the Postpetition Lender.
Except for causes of action related to transfers of Prepetition Collateral or Postpetition Collateral to any of the Debtors, the Postpetition Liens, the Adequate Protection Liens, the Adequate Protection Claim, and the Postpetition Lenders superpriority administrative expense claim granted pursuant to this Interim Order do not extend to causes of action under Chapter 5 of the Bankruptcy Code or to proceeds thereof.