Common use of Disclosure Statement and Plan of Reorganization Clause in Contracts

Disclosure Statement and Plan of Reorganization. The Disclosure Statement and Plan of Reorganization (together with all exhibits and other attachments thereto, as any of the foregoing has been amended, modified or supplemented prior to the date hereof, collectively, the “Plan Documents”) shall not have been amended, modified or supplemented or any of the terms and conditions thereof waived, in each case in a manner materially adverse to the Lenders without the consent of Agent. The Bankruptcy Court shall have entered the Confirmation Order confirming the Plan of Reorganization, and all conditions precedent (other than the effectiveness of the financing contemplated under the Revolving Loan Credit Agreement and under this Agreement) to the effectiveness of the Plan of Reorganization shall have been satisfied (or waived with the consent of Agent with respect to any waiver that is, in the reasonable judgment of Agent, adverse in any material respect to the rights or interests of the Lenders). No motion, action or proceeding shall be pending against any Credit Party or any of their Subsidiaries by any creditor or other party in interest which materially and adversely affects or may reasonably be expected to materially and adversely affect the Plan of Reorganization or the Term Loans.

Disclosure Statement and Plan of Reorganization. The Disclosure Statement and Plan of Reorganization (together with all exhibits and other attachments thereto, as any of the foregoing has been amended, modified or supplemented prior to the date hereof, collectively, the “Plan Documents”) shall not have been amended, modified or supplemented or any of the terms and conditions thereof waived, in each case in a manner materially adverse to the Lenders without the consent of Agent. The Bankruptcy Court shall have entered the Confirmation Order confirming the Plan of Reorganization, and all conditions precedent (other than the effectiveness of the financing contemplated under the Revolving Term Loan Credit Agreement and under this Agreement) to the effectiveness of the Plan of Reorganization shall have been satisfied (or waived with the consent of Agent with respect to any waiver that is, in the reasonable judgment of Agent, adverse in any material respect to the rights or interests of the Lenders). No motion, action or proceeding shall be pending against any Credit Party or any of their Subsidiaries by any creditor or other party in interest which materially and adversely affects or may reasonably be expected to materially and adversely affect the Plan of Reorganization or the Term Loans.