Final Borrowing Order definition

Final Borrowing Order means an order, in form attached as Exhibit B hereto or otherwise satisfactory to the Agents, entered in the Reorganization Cases after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and applicable local rules, which is a Final Order, and which order authorizes the creation of the credit facilities contemplated by this Agreement, as such order may from time to time be amended with the written consent of the Agents, the Co-Lead Arrangers and the Required Lenders.

Final Borrowing Order means, collectively, the order of the Bankruptcy Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) or such other procedures as approved by the Bankruptcy Court, which order shall be reasonably satisfactory in form and substance to the Instructing Group and the Last Out Requisite Lenders, together with all extensions, modifications and amendments thereto, in form and substance reasonably satisfactory to the Instructing Group and the Last Out Requisite Lenders, and which, among other matters but not by way of limitation, authorizes the U.S. Debtors to obtain credit, incur (or guaranty) Debt, and grant Liens under (or in respect of) this Agreement and the other Loan Documents, as the case may be, and provides for the superpriority of the Administrative Agent’s and the Lenders’ claims hereunder and under the other Loan Documents.

Final Borrowing Order means a Borrowing Order entered in the Reorganization Cases after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure and applicable local rules, which is a Final Order.

Examples of Final Borrowing Order in a sentence

• Subject to compliance with the Final Borrowing Order and any applicable provisions of the Bankruptcy Code, each Loan Party has all requisite corporate power and authority to enter into this Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement and the Security Agreement as amended by this Amendment (collectively, the “Amended Agreements”).

• With respect to the second draw of the New Money Loans pursuant to Section 2.02(a)(ii), the Final Borrowing Order shall have been entered and be in full force and effect and shall not have been reversed, vacated or stayed, or modified without the prior written consent of Administrative Borrower, the Administrative Agent and the Required Lenders.

• Borrowers have agreed that a portion of the Prepetition Secured Obligations will be rolled up and converted into the Obligations under this Agreement as more fully set forth herein and in the Interim Borrowing Order and Final Borrowing Order.

• Subject to entry of the Final Borrowing Order, Prepetition Obligations of each Lender in an amount equal to 200% of its Commitment shall, on a cash-less basis, be automatically converted to Roll-Up Loans of such Lender and such Roll-Up Loans shall thereafter constitute Loans and Obligations for all purposes under this Agreement and shall cease to constitute Prepetition Secured Obligations.

• Upon entry of the Final Borrowing Order, the Administrative Agent shall update the Register to reflect the outstanding amount of each Lender’s Roll-Up Loans and, if applicable, upon an increase of the Commitments pursuant to Section 2.02(d).

More Definitions of Final Borrowing Order

Final Borrowing Order means an order of the Bankruptcy Court, which order is a Final Order and shall be in form, scope and substance reasonably acceptable to the Lender, which, among other matters but not by way of limitation, (i) authorizes the Loan Parties to obtain credit, incur (or guaranty) Obligations, grant Liens under this Agreement, the other Loan Documents, and the DIP Orders and otherwise perform their obligations under this Agreement and the other Loan Documents and (ii) provides for the super priority of the Lender’s claims (subject to the Professional Fee Carve Out).

Final Borrowing Order. A Borrowing Order entered in the Bankruptcy Case after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.

Final Borrowing Order. A Borrowing Order entered in the Proceedings after notice and a final hearing pursuant to Rule 4001(c) of the Federal Rules of Bankruptcy Procedure.

Final Borrowing Order means an order of the Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) in substantially the form attached hereto as EXHIBIT XVII-B with any modifications thereto approved by Agent in its sole discretion, as the same may be amended, supplemented or otherwise modified from time to time with the express written consent or joinder of Requisite Lenders (PROVIDED that the Stonington Lender shall not be disparately treated from the other Lenders) and approved by the Court.

Final Borrowing Order an order of the Court entered in the Chapter 11 Case after a final hearing under Bankruptcy Rule 4001(c)(2) in the form attached as Exhibit I with any modifications approved by Lenders in their sole discretion. The Final Borrowing Order shall also contain a finding consistent with the representation of Borrower set forth in subsection 3.5.

Final Borrowing Order means an order substantially in the form of the Interim Borrowing Order (with any modifications thereto approved by Agents and Requisite Lenders (or all Lenders if required pursuant to clause (iii) of the following proviso) in their sole discretion) entered by the Bankruptcy Court in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2), as the same may be amended, supplemented or otherwise modified from time to time; provided, however, that such order shall not be deemed the Final Borrowing Order for purposes of this Agreement unless (i) at least eleven (11) days have elapsed since the entry of such order, (ii) such order has not been reversed or stayed by the Bankruptcy Court or any other court of competent jurisdiction, (iii) such order is in full force and effect substantially in the form of the Interim Borrowing Order without amendment, supplement or other modification other than amendments, supplements or modifications made with the express written consent or joinder of Agents and Requisite Lenders and approved by the Bankruptcy Court (provided, however, that the express written consent of all Lenders shall be required in the event that such amendments, supplements or modifications result in less than 50% of the original Tranche B Loan Exposure of all Lenders having the priority and administrative claim status described in subsection 2.10 as being applicable to the Obligations), and (iv) substantially concurrent with the entry of such order, Borrowers shall have delivered to Agents and Lenders a consolidated cash forecast for Company and its Subsidiaries, in form consistent with the Monthly Budget delivered to Agents pursuant to subsection 4.1F hereof (with line items for projected cash receipts and cash expenditures corresponding to those in such Monthly Budget) and in substance satisfactory to Requisite Lenders in their sole discretion, with monthly projections for the immediately following month and each other month remaining in the Budget Period, together with an explanation of the material assumptions on which such projections are based. Any reference in this Agreement (other than in this definition, in the definitions of "Applicable Conversion Date" and "Termination Date", and in subsections 2.1A(ii), 2.4A(ii) and 8.6) and the Loan Documents to the date of "entry" of the Final Borrowing Order shall be deemed to refer to the date which is 11 days following the entry of such order, so long as such order has not been reversed...

Final Borrowing Order means that certain Final Order (i) Authorizing the Debtors to Use Cash Collateral, (ii) Granting Adequate Protection to Prepetition Secured Lenders, and (iii) Authorizing Post-Petition Financing entered by the Bankruptcy Court on April 17, 2008.