COURT OF COMPETENT JURISDICTION SHALL
BE ENTERED TERMINATING THE USE OF THE PREPETITION SECURED PARTIES' CASH
COLLATERAL; OR (V) AN ORDER OF THE BANKRUPTCY COURT SHALL BE ENTERED UNDER
SECTION 1106(B) OF THE BANKRUPTCY CODE IN ANY OF THE CASES APPOINTING AN
EXAMINER HAVING ENLARGED POWERS RELATING TO THE OPERATION OF THE BUSINESS OF THE
LOAN PARTIES (I.E., POWERS BEYOND THOSE SET FORTH UNDER SECTIONS 1106(A)(3) AND
(4) OF THE BANKRUPTCY CODE) AND SUCH ORDER SHALL NOT BE REVERSED OR VACATED
WITHIN 30 DAYS AFTER THE ENTRY THEREOF;
(H)
ANY LOAN PARTY SHALL MAKE ANY PAYMENTS RELATING TO PRE-PETITION
DATE OBLIGATIONS OTHER THAN (I) AS PERMITTED UNDER THE INTERIM ORDER (OR THE
FINAL ORDER, AS APPLICABLE), (II) IN RESPECT OF ACCRUED PAYROLL AND RELATED
EXPENSES AND EMPLOYEE BENEFITS AS OF THE PETITION DATE, (III) IN ACCORDANCE
WITH, AND TO THE EXTENT AUTHORIZED BY, "FIRST DAY" ORDERS REASONABLY
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SATISFACTORY TO THE ADMINISTRATIVE AGENT (INCLUDING IN RESPECT OF CERTAIN
CRITICAL VENDORS AND OTHER CREDITORS) AND (IV) AS OTHERWISE PERMITTED UNDER THIS
AGREEMENT, INCLUDING PURSUANT TO THE ORDERS DESCRIBED IN SUBSECTION 4.1(D) AND
IN CONNECTION WITH ADEQUATE PROTECTION PAYMENTS DESCRIBED IN SUBSECTION 2.8(C);
OR
(I)
THE ENTRY OF AN ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY SO
AS TO ALLOW A THIRD PARTY TO PROCEED AGAINST ANY PROPERTY OF ANY LOAN PARTY
WHICH HAS A VALUE IN EXCESS OF $500,000 IN THE AGGREGATE; OR
(J)
THE FILING OF ANY PLEADING BY ANY LOAN PARTY SEEKING, OR
OTHERWISE CONSENTING TO, ANY OF THE MATTERS SET FORTH IN PARAGRAPHS (F), (G) OR
(I) ABOVE IN THIS SECTION; OR
(K)
(I)
ANY PERSON SHALL ENGAGE IN ANY "PROHIBITED TRANSACTION" (AS
DEFINED IN SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE) INVOLVING ANY PLAN,
(II) ANY "ACCUMULATED FUNDING DEFICIENCY" (AS DEFINED IN SECTION 302 OF ERISA),
WHETHER OR NOT WAIVED, SHALL EXIST WITH RESPECT TO ANY PLAN OR ANY LIEN IN FAVOR
OF THE PBGC OR A PLAN SHALL ARISE ON THE ASSETS OF THE BORROWER OR ANY COMMONLY
CONTROLLED ENTITY, (III) A REPORTABLE EVENT SHALL OCCUR WITH RESPECT TO, OR
PROCEEDINGS SHALL COMMENCE TO HAVE A TRUSTEE APPOINTED, OR A TRUSTEE SHALL BE
APPOINTED, TO ADMINISTER OR TO TERMINATE, ANY SINGLE EMPLOYER PLAN, WHICH
REPORTABLE EVENT OR COMMENCEMENT OF PROCEEDINGS OR APPOINTMENT OF A TRUSTEE IS
REASONABLY LIKELY TO RESULT IN THE TERMINATION OF SUCH PLAN FOR PURPOSES OF
TITLE IV OF ERISA (OTHER THAN A STANDARD TERMINATION PURSUANT TO
SECTION 4041(B) OF ERISA), (IV) ANY SINGLE EMPLOYER PLAN SHALL TERMINATE FOR
PURPOSES OF TITLE IV OF ERISA (OTHER THAN A STANDARD TERMINATION PURSUANT TO
SECTION 4041(B) OF ERISA), (V) THE BORROWER OR ANY COMMONLY CONTROLLED ENTITY
SHALL, OR IS REASONABLY LIKELY TO, INCUR ANY LIABILITY IN CONNECTION WITH A
WITHDRAWAL FROM, OR THE INSOLVENCY OR REORGANIZATION OF, A MULTIEMPLOYER PLAN,
(VI) THE OCCURRENCE OR EXPECTED OCCURRENCE OF ANY EVENT OR CONDITION WHICH
RESULTS OR IS REASONABLY LIKELY TO RESULT IN THE BORROWER'S OR ANY COMMONLY
CONTROLLED ENTITY'S BECOMING RESPONSIBLE FOR ANY