Reclamation Claims. No Loan Party shall enter into any agreement to return any of its Inventory to any of its creditors for application against any prepetition Indebtedness, prepetition trade payables or other prepetition claims under Section 546(h) of the Bankruptcy Code or allow any creditor to take any setoff or recoupment against any of its prepetition Indebtedness, prepetition trade payables or other prepetition claims based upon any such return pursuant to Section 553(b)(1) of the Bankruptcy Code or otherwise if, after giving effect to any such agreement, setoff or recoupment, the aggregate amount of prepetition Indebtedness, prepetition trade payables and other prepetition claims subject to all such agreements, setoffs and recoupments since the Petition Date would exceed $500,000.
Reclamation Claims. No Credit Party shall enter into any agreement to return any of its Inventory to any of its creditors for application against any Pre-Petition Indebtedness, Pre-Petition trade payables or other Pre-Petition claims under Section 546(g) of the Bankruptcy Code or allow any creditor to take any setoff or recoupment against any of its Pre-Petition Indebtedness, Pre-Petition trade payables or other Pre-Petition claims based upon any such return pursuant to Section 553(b)(l) of the Bankruptcy Code or otherwise if, after giving effect to any such agreement, setoff or recoupment, the aggregate amount of Pre-Petition Indebtedness, Pre-Petition trade payables and other Pre-Petition claims subject to all such agreements, setoffs and recoupments since the Petition Date would exceed $1,000,000.
Reclamation Claims. Such Loan Party shall, and shall cause each of its Subsidiaries to, promptly furnish the Agent and the Lenders with information and notices regarding any material reclamation claims (including amount and claimant) upon such Loan Party's or Subsidiary's receipt thereof. Neither such Loan Party nor any of its Subsidiaries shall incur any Liens related to reclamation claims encumbering any Accounts, Inventory, or any proceeds thereof.
Reclamation Claims. 87 9.24 Sourcing Arrangements................................................. 87 9.25 Minimum Consolidated Fixed Charge Coverage Ratio...................... 87 9.26
Reclamation Claims. Enter into any agreement to return any of its Inventory or other assets to any of its creditors for application against any Pre-Petition Indebtedness, Pre-Petition trade payables or other Pre-Petition claims under Section 546(c) of the Bankruptcy Code or agree to allow any creditor to take any setoff or recoupment against any of its Pre-Petition Indebtedness, Pre-Petition trade payables or other Pre-Petition claims based upon any such return pursuant to Section 553(b)(l) of the Bankruptcy Code or otherwise if, after giving effect to any such agreement, setoff or recoupment, the aggregate amount applied to Pre-Petition Indebtedness, Pre-Petition trade payables and other Pre-Petition claims subject to all such agreements, setoffs and recoupments since the Petition Date would exceed $100,000.
Reclamation Claims. No Credit Party shall hereafter enter into any agreement to return any of its inventory to any of its creditors for application against any Prepetition Indebtedness, trade payables incurred prior to the Petition Date or other prepetition claims under Section 546(g) of the Bankruptcy Code or otherwise or allow any creditor to take any setoff or recoupment against such Prepetition Indebtedness, trade payables incurred prior to the Petition Date or other prepetition claims based upon any such return pursuant to Section 553(b)(1) of the Bankruptcy Code or otherwise if, after giving effect to any such agreement, setoff or recoupment, the aggregate amount of Prepetition Indebtedness, prepetition trade payables and other prepetition claims subject to all such agreements, setoffs and recoupments since the Petition Date would exceed $400,000. Subject to the foregoing limitation, Borrowers shall be permitted to make payments in respect of trade payables incurred prior to the Petition Date and wages, commissions and benefits owed to employees and independent contractors that are in the ordinary course of business so long as such payments are consistent with orders entered prior to March 17, 2006 and are approved by the Bankruptcy Court.
Reclamation Claims. 56 6.23 Take or Pay Contracts.....................................................................56 6.24 Certain Issuances.........................................................................56 6.25 Ford Liens................................................................................56 7. TERM...............................................................................................56 TABLE OF CONTENTS (CONTINUED) PAGE 7.1 Termination...............................................................................56 7.2 Survival of Obligations Upon Termination of Financing Arrangements........................56
Reclamation Claims. No Borrower shall (a) make any return of property on account of Claims asserted by any vendors of such Borrower for reclamation in accordance with Section 2-702 of the Uniform Commercial Code and Section 546(c) of the Bankruptcy Code, unless otherwise ordered by the Court, or (b) enter into any agreements or file any motion seeking an order from the Court for the return of any property of such Borrower to any vendor pursuant to Section 546(g) of the Bankruptcy Code if the aggregate value of all property of Borrowers so returned exceeds $1,000,000.
Reclamation Claims. Unless ordered by the Bankruptcy Code, no Borrower shall enter into any agreement to return any of its Inventory to any of its creditors for application against any Prepetition Indebtedness under Section 546(g) of the Bankruptcy Code or allow any creditor to take any setoff against any of its Prepetition Indebtedness based upon any such return pursuant to Section 553(b)(1) of the Bankruptcy Code or otherwise.
Reclamation Claims. Except as otherwise permitted by the Bankruptcy Court, no Credit Party shall enter into any agreement to return any of its Inventory to any of its creditors for application against any pre-petition Indebtedness under Section 546(g) of the Bankruptcy Code or consent to any creditor's taking any setoff against any of its pre-petition Indebtedness based upon any such return pursuant to Section 553(b)(1) of the Bankruptcy Code or otherwise.
