Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any pre-petition Indebtedness or trade payables or other pre-petition claims against the Borrower or any Guarantor.
Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any pre-petition Debt or trade payables arising from the purchase of Inventory not otherwise permitted to be paid under this Agreement; PROVIDED that the return to vendors of defective, damaged or non-conforming Inventory or negotiated returns for credit shall not constitute Pre-Petition Payments.
Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any pre- petition Indebtedness or trade payables (including, without limitation, in respect of reclamation claims) or other pre-petition claims against the Borrowers or any Guarantor.
Examples of Pre-Petition Payment in a sentence
Administrative expense claims consisting of the claim of Notinger law, PLLC will be paid if and when the Court approves such fees out of cash on hand and the Pre-Petition Payment.
Except as permitted by the DIP Facility, the Orders, or as otherwise agreed to by the Lender, the Borrower shall make (or shall have made) any Pre-Petition Payment other than Pre-Petition Payments authorized by the Bankruptcy Court; or 10.12 Invalid Plan.
None of the Loan Parties will make any Pre-Petition Payment other than (i) as permitted under the DIP Order, or (ii) any Pre- Petition Payment permitted by order of the Bankruptcy Court and approved by the Required Lenders.
Other Pre-Petition Payment Obligations While the obligations discussed in Part (B)(2) above related to maintaining systems and operations Republic employed to efficiently run its business, this part will address payment obligations not necessarily tied to a formal system of operations.
The Borrower will not make any Pre-Petition Payment other than (i) as permitted under the Orders, (ii) as permitted under any “first day order” or (iii) any Pre-Petition Payment permitted by order of the Bankruptcy Court, including any Approved Pan or 363 Sale Order.9.07 Final Bankruptcy Court Order; Administrative Priority; Lien Priority; Payment of Claims.
More Definitions of Pre-Petition Payment
Pre-Petition Payment means, a direct or indirect payment, redemption, purchase, defeasance or acquisition for value (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any Pre-Petition (i) Indebtedness (including, without limitation, the Indebtedness under the Pre-Petition Credit Documents), (ii) “critical vendor payments” or (iii) trade payables (including, without limitation, in respect of reclamation claims), or other Pre-Petition claims against any Credit Party.
Pre-Petition Payment means a direct or indirect payment, redemption, purchase, defeasance or acquisition for value (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any Pre-Petition (i) Indebtedness, (ii) “critical vendor payments” or (iii) trade payables (including, without limitation, in respect of reclamation claims), or other Pre-Petition claims against the Borrower.
Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any pre-petition (i) Indebtedness, (ii) “critical vendor payments” or (iii) trade payables (including, without limitation, in respect of reclamation claims), or other pre-petition claims against any Debtor.
Pre-Petition Payment means a direct or indirect payment, redemption, purchase, defeasance or acquisition for value (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any Pre-Petition (i) Indebtedness, (ii) “critical vendor payments” or (iii) trade payables (including, without limitation, in respect of reclamation claims), or other Pre-Petition claims against any Borrower. 19-22911-rdd Doc 134-1 Filed 07/19/19 Entered 07/19/19 13:46:56 Exhibit A Pg 13 of 66
Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any pre-petition Indebtedness or trade payables or other pre-petition claims against the Borrower or any Guarantor. Prime Rate shall mean the rate of interest per annum publicly announced from time to time by JPMCB as its prime rate in effect at its principal office in New York City; each change in the Prime Rate shall be effective from and including the date such change is publicly announced as being effective. Recovery Event shall mean any settlement of or payment in respect of any property or casualty insurance claim or any condemnation proceeding relating to any asset of the Borrower or any Guarantor, in each case in an amount in excess of $5,000,000. Register shall have the meaning given such term in Section 10.03(b)(iv). Related Parties shall mean, with respect to any specified Person, such Person s Affiliates and the respective directors, officers, employees, agents and advisors of such Person and such Person s Affiliates. Remediation Payments shall mean environmental investigation and remediation payments constituting Pre-Petition Payments in an aggregate amount not to exceed $10,000,000 made by the Borrower or the Guarantors in connection with, or to enable, the sale of plants of the Borrower or the Guarantors permitted under this Agreement to one or more buyers that are not Affiliates of the Borrower or the Guarantors. Rent Reserve shall mean, with respect to any plant, warehouse distribution center or other operating facility where any Inventory subject to landlords Liens or other Liens arising by operation of law is located, a reserve equal to one (1) month s rent at such plant, warehouse distribution center, or other operating facility, and such other reserve amounts that may be determined by the Administrative Agent in its reasonable discretion. Reorganization Plan shall mean a plan of reorganization in any of the Cases. Required Lenders shall mean, at any time, Lenders having Tranche A Commitments at such time (or, if the Total Tranche A Commitment has been terminated, Lenders holding Tranche A Loans and LC Exposure at such time) and Lenders holding a portion of the Tranche B Loan at such time (or, if the Tranche B Loan is not outstanding, Lenders holding Tranche B Commitments at such time) representing in excess of 50% of the sum of (x) the Total Tranche A Commitment at such time (or, if the Total Tranche A Commitment has been te...
Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any pre-petition Indebtedness or trade payables or other pre-petition claims against the Borrower or any Guarantor (it being understood and agreed that neither (x) cure amounts that are paid by the Borrower or the Guarantors as a condition to the assumption of unexpired leases of real or personal property or other executory contracts nor (y) amounts that are set off by pre-petition Obligors of the Borrower or the Guarantors from pre-petition amounts owing by such Obligors to the Borrower or the Guarantors on account of the Borrower's or the Guarantors' pre-petition obligations to them nor (z) amounts that are paid pursuant to the Copperweld Stipulation, shall be deemed to be Pre-petition Payments).
Pre-Petition Payment means a payment (by way of adequate protection or otherwise) of principal or interest or otherwise on account of any Pre-Petition Obligation or trade payables or other pre-petition claims against any SF Company (including, without limitation, reclamation claims that arose prior to the commencement of the Cases). PROCEEDS shall mean (a) any proceeds, as defined in the UCC, and (b) whatever is received upon the sale, exchange, collection, or other disposition of Collateral or proceeds, whether cash or non-cash. Cash proceeds includes, without limitation, moneys, checks, and deposit accounts. Proceeds includes, without limitation, any Account arising when the right to payment is earned under a contract right, any insurance payable by reason of loss or damage to the Collateral. Except as expressly authorized in this Agreement, Lender's right to Proceeds specifically set forth herein or indicated in any financing statement shall never constitute an express or implied authorization on the part of Lender to a sale, exchange, collection, or other disposition by any SF Company of any or all of the Collateral.