Prepetition Indebtedness. The Borrowers shall not pay or discharge, or cause to be paid or discharged, any Indebtedness of any Borrower incurred before the Filing Date other than payments:
Prepetition Indebtedness. (a) . Subject to Section 6.7, pay or discharge, or permit any Loan Party to pay or discharge, or cause to be paid or discharged, any Indebtedness of any Loan Party incurred before the Filing Date except as provided for in the Orders .
Prepetition Indebtedness. 35 6.16 Application to the Court . . . . . .. . . . . 35
Prepetition Indebtedness. No Borrower shall consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, any Prepetition Indebtedness if doing so would violate the provisions of the Bankruptcy Code or an order of the Bankruptcy Court.
Prepetition Indebtedness. Consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, (a) any Order or (b) the Prepetition Indebtedness. Except for (i) claims of employees for unpaid wages, bonuses, accrued vacation, tuition reimbursement and personal time, business expenses and contributions to employee benefit plans for the period immediately preceding the Petition Date and prepetition severance obligations, in each case to the extent permitted to be paid by order of the Bankruptcy Court, (ii) cure payments made in accordance with Section 365(b)(1)(A) of the Bankruptcy Code, (iii) claims of "Utilities" (within the meaning of Section 366 of the Bankruptcy Code) for services provided prior to the Petition Date and in the ordinary course of the Borrowers' (other than any disputed claims or any disputed portions thereof) and the Utilities' businesses, respectively, and utility deposits, if any, made in accordance with Section 366 of the Bankruptcy Code, and (iv) payments to "Critical Vendors" approved by the Bankruptcy Court, no Borrower shall make any payment in respect of, or repurchase, redeem, retire or defease any Prepetition Indebtedness.
Prepetition Indebtedness. As of the Petition Date, the ------------------------ aggregate principal amount of Debt and letter of credit exposure outstanding and owed under the Existing Credit Facilities (exclusive of any accrued interest, fees or other charges thereunder) is $520,176,612.89, and the aggregate amount outstanding and owed under the Existing Notes (exclusive of any accrued interest, fees or other charges thereunder) is $302,391,000. The aggregate amount of all Prepetition Indebtedness as of the Petition Date, other than the Debt under the Existing Credit Facilities and the Existing Notes, Permitted Intercompany Debt and the other Prepetition Indebtedness set forth on Schedule 9 ---------- hereto, does not exceed $1,000,000.
Prepetition Indebtedness. All Prepetition Indebtedness ------------------------ as of the Petition Date, including, without limitation, the Debt under the Existing Credit Facilities and the Existing Notes, is set forth on Schedule 6 ---------- hereto. All such amounts in respect of the Existing Credit Facilities are absolute, due and owing as of the Closing Date and are not subject to any defense, setoff, counterclaim, or reduction of any kind.
Prepetition Indebtedness. No Credit Party shall pay or discharge, or cause to be paid or discharged, any Indebtedness of such Credit Party incurred before the Petition Date other than payments:
Prepetition Indebtedness. No Borrower shall consent to any amendment, supplement or other modification of any of the terms or provisions contained in, or applicable to, the Interim Order or the Final Order or the Prepetition Indebtedness. Except for (i) claims of employees for unpaid wages, bonuses, accrued vacation and sick leave time, business expenses and contributions to employee benefit plans for the period immediately preceding the Petition Date, in each case to the extent permitted to be paid by order of the Bankruptcy Court, (ii) cure payments made in accordance with Section 365(b)(1)(A) of the Bankruptcy Code, (iii) utility deposits made in accordance with Section 366 of the Bankruptcy Code, (iv) so long as no Default or Event of Default has occurred and is continuing, payments to Prepetition Lenders in accordance with the Cash Use Order, and (v) payments to certain suppliers in accordance with the Lumberman's Order, no Borrower shall make any payment in respect of, or repurchase, redeem, retire or defease any, Prepetition Indebtedness.
Prepetition Indebtedness. Indebtedness under the Credit Agreement, dated as of May 30, 2008 (as amended, modified and supplemented from time to time), by and among VeraSun Energy Corporation, VeraSun Fort Dodge, LLC, VeraSun Xxxxxxx, LLC, VeraSun Welcome, LLC, VeraSun Xxxxxxx City, LLC, VeraSun Aurora Corporation, and VeraSun Marketing, LLC, together with VeraSun Energy Corporation, as borrowers, UBS AG, Stamford Branch, as issuing bank, administrative agent, and co-collateral agent, UBS Securities LLC, as lead arranger, documentation agent, and syndication agent, UBS Loan Finance LLC, as Swingline Lender, and the other agents and lenders from time to time parties thereto, and the other Loan Documents (as defined therein). Indebtedness under the 9 7/8% Senior Secured Notes due 2012, issued under an Indenture, dated as of December 21, 2005 (as amended, modified and supplemented from time to time), by and among VeraSun Energy Corporation, as issuer, VeraSun Aurora Corporation, VeraSun Fort Dodge, LLC, VeraSun Xxxxxxx City, LLC, VeraSun Marketing, LLC, as subsidiary guarantors, and other subsidiary guarantors party thereto, and Xxxxx Fargo Bank, N.A., as trustee, the Securities and the Security Documents (each as defined therein). Indebtedness under the 9 3/8 Senior Notes due 2017, issued under an Indenture, dated as of May 16, 2007 (as amended, modified and supplemented from time to time), by and among VeraSun Energy Corporation, as issuer, VeraSun Aurora Corporation, VeraSun Fort Dodge, LLC, VeraSun Xxxxxxx City, LLC, VeraSun Marketing, LLC, VeraSun Xxxxxxx, LLC, VeraSun Biodiesel, LLC, VeraSun Welcome, LLC, VeraSun Granite City, LLC, and VeraSun Xxxxxxxx, LLC, as subsidiary guarantors, and other subsidiary guarantors party thereto, and Xxxxx Fargo Bank, N.A., as trustee, and the Securities (as defined therein). Promissory Note of VeraSun Xxxxxxxx, LLC (the “Borrower”) payable to White County, Indiana (as “Issuer”), in the principal sum of $12,465,000, issued under the Loan Agreement dated as of September 1, 2007 between Issuer and Borrower. Outstanding Letters of Credit – See Attached. Liabilities associated with liens permitted under Section 7.3. Debt secured by Liens referenced on Schedule 7.3. Guarantee Obligations referenced on Schedule 7.4. Schedule 7.2(b) - 1 Schedule 7.2(b) Prepetition Indebedness Letters of Credit Letters of Credit with FNBO-Omaha Beneficiary of LC LC Number Basis Amount Fee Rate Fee Pmt Frequency Start Date Expiration Evergreen VeraSun Ft. Dodge Northern N...
