Adequate Protection Payments. As such term is used in this Interim Order, “Adequate Protection Payments” means payments made by the Borrower or the Guarantor subject only to the right of any interested party other than the Debtors to later assert that such payments should be reallocated to principal pursuant to section 506 of the Bankruptcy Code (and reallocation of such payments to principal upon entry of a final, non-appealable order directing such reallocation), to (i) pay accrued and unpaid interest on the Prepetition Indebtedness at the rate specified in the Prepetition Credit Agreement (other than the Default Rate as defined in the Prepetition Credit Agreement) on each “Monthly Payment Date” (as defined in the Postpetition Credit Agreement), and (ii) reimburse all pre- and postpetition reasonable fees, costs and expenses, including but not limited to any reasonable attorneys’, accountants’, financial advisors’ and other fees and expenses that are chargeable or reimbursable pursuant to the Prepetition Credit Agreement or any other Prepetition Financing Document. Counsel for the Prepetition Agent shall submit summaries of their invoices (generally describing work performed but excluding detailed time entries) to the U.S. Trustee and counsel for the Committee at the same time their invoices are submitted to the Prepetition Agent. The U.S. Trustee and the Committee shall have 10 calendar days from receipt of such invoice summaries to file an objection to them with the Court. If no objection is timely filed, the fees and expenses will be deemed reasonable and shall be promptly paid by the Borrower or the Guarantor.
Adequate Protection Payments. As such term is used in this Interim Order, “Adequate Protection Payments” means payments made by the Borrower subject to the right of any interested party other than the Debtors to later assert that such payments should be reallocated to principal pursuant to section 506 of the Bankruptcy Code, to (i) pay accrued and unpaid interest on the Prepetition Indebtedness at the times and at the rate specified in the Prepetition Credit Agreement (other than the Default Rate as defined in the Prepetition Credit Agreement), and (ii) reimburse all pre- and postpetition reasonable costs and expenses, including but not limited to any reasonable attorneys’, accountants’, financial advisors’ and other fees and expenses that are chargeable or reimbursable pursuant to the Prepetition Credit Agreement or any other Prepetition Financing Document, of the Prepetition Agent under the Prepetition Credit Agreement.
Adequate Protection Payments. As such term is used in this Final Order, “Adequate Protection Payments” means payments made by the Borrower or the Guarantor subject to the right of any interested party other than the Debtors to later assert that such payments should be reallocated to principal pursuant to section 506 of the Bankruptcy Code, to (i) pay accrued and unpaid interest on the Prepetition Indebtedness at the times and at the rate specified in the Prepetition Credit Agreement (other than the Default Rate as defined in the Prepetition Credit Agreement), and (ii) reimburse all pre- and postpetition reasonable costs and expenses, including but not limited to any reasonable attorneys’, accountants’, financial advisors’ and other fees and expenses that are chargeable or reimbursable pursuant to the Prepetition Credit Agreement or any other Prepetition Financing Document, of the Prepetition Agent under the Prepetition Credit Agreement. Counsel for the Postpetition Lender shall submit summaries of their invoices (generally describing work performed but excluding detailed time entries) to the U.S. Trustee and counsel for the Committee at the same time their invoices are submitted to the Prepetition Lender. The U.S. Trustee and the Committee shall have 10 calendar days from receipt of such invoice summaries to file an objection to them with the Court. If no objection is timely filed, the fees and expenses will be deemed reasonable and shall be promptly paid by the Borrower or the Guarantor.
Adequate Protection Payments. The Prepetition Facility Agents (on behalf of the respective Prepetition Facility Secured Parties) shall each receive from the Debtors (using reasonable efforts where practicable to pay the following payments from Earnings Accounts (as defined in the Cash Management Order)) (i) within five (5) business days following the entry of this Interim Order, cash payment of all accrued and unpaid interest (whether accrued prior to or after the Petition Date) on the applicable Prepetition Facility Obligations at the non-default rates provided for in the respective Prepetition Facility Documents (it being understood that interest shall accrue at the default rate to the fullest extent permitted under the Bankruptcy Code, with all rights to object thereto fully preserved), and all accrued and unpaid fees and costs (whether accrued prior to or after the Petition Date) owing to the Prepetition Facility Secured Parties under the respective Prepetition Facility Documents, and (ii) on the last business day of each month thereafter, cash payment of all accrued and unpaid interest, at the applicable non-default rates provided in the respective Prepetition Facility Documents (it being understood that interest shall accrue at the default rate to the fullest extent permitted under the Bankruptcy Code, with all rights to object thereto fully preserved; provided, that the difference between the applicable non-default and default interest rate shall be waived pursuant to, and on the effective date of, the RSA Plan), and any fees and costs due and payable under the respective Prepetition Facilities, including, without limitation, any accrued fees owing to the Prepetition Facility Secured Parties under the respective Prepetition Facility Documents; provided that, solely in the event that a Non-RSA Plan is confirmed under section 1129 of the Bankruptcy Code and there is a final determination that any Prepetition Facility Secured Parties were undersecured as of the Petition Date, payments received by such Prepetition Facility Secured Parties pursuant to this paragraph 5(f) may be recharacterized and applied as payments of principal attributable to the applicable Prepetition Facility.
Adequate Protection Payments. As of the RJ Filing Date, the Company shall have paid to the advisors of the Consenting Lenders (the “ALB
Adequate Protection Payments. The Borrower shall have paid or caused to be paid all amounts accrued and unpaid through and including the Effective Time with respect to any adequate protection provided under the Bankruptcy Code in accordance with the terms of, and the extent required by, the Plan of Reorganization.
Adequate Protection Payments. Loan Parties will make adequate protection payments payable in cash on the dates and to the extent required by the Orders (such interest and payments, collectively, the “Adequate Protection Payments”).
Adequate Protection Payments. Credit Parties will make adequate protection payments payable in cash on the dates and to the extent required by the DIP Order (such interest and payments, collectively, the “Adequate Protection Payments”).
Adequate Protection Payments. Without further notice to or action on the part of any Borrower, each Borrower hereby authorizes Agent and Lenders to make Advances from time to time at such time as any Adequate Protection Payments become due to fully fund such Adequate Protection Payments. Agent and Lenders are authorized to deliver the proceeds of such Advance directly to Agent (as defined in the Pre-Relief Date Loan Agreement) under the Pre-Relief Date Loan Agreement for the payment of such Adequate Protection Payments. Agent and Lenders are authorized to make Advances pursuant to this Section 2.2 notwithstanding the existence of any Overadvance prior to the making thereof or after giving effect thereto.
Adequate Protection Payments. (a) The Subordinated Creditor, for and on behalf of the Subordinated Holders, covenants and agrees (but does not represent or warrant) that, as of the date hereof, assuming the collateral securing the Priority Senior Notes is substantially the same collateral as that securing the Subordinated Indenture Indebtedness, the value of the collateral securing the Priority Senior Notes exceeds the amount of all obligations owing by the Borrower to the Senior Holders thereunder.
