(v) Exchange Act means the Securities Exchange Act of 1934, as amended and including any rule or regulation promulgated thereunder.
(w) Exit Facility Documents means the definitive documents governing the Exit Facilities (as defined in the Restructuring Term Sheet), which shall be in form and substance acceptable to the Requisite Parties.
(x) Final DIP Order means a final order of the Bankruptcy Court approving the DIP Motion, which order shall be consistent in all material respects with this Agreement and otherwise in form and substance acceptable to the Requisite Parties.
(y) Governmental Entity means any applicable federal, state, local or foreign government or any agency, bureau, board, commission, court or arbitral body, department, political subdivision, regulatory or administrative authority, tribunal or other instrumentality thereof, or any self-regulatory organization.
(z) Interim DIP Order means an interim order of the Bankruptcy Court approving the DIP Motion, which order shall be consistent in all material respects with this Agreement and otherwise in form and substance acceptable to the Requisite Parties.
(aa) Law means, in any applicable jurisdiction, any applicable statute or law (including common law), ordinance, rule, treaty, code or regulation and any decree, injunction, judgment, order, ruling, assessment, writ or other legal requirement, in any such case, of any applicable Governmental Entity.
(bb) Material Adverse Effect means, other than the filing and prosecution of the Chapter 11 Cases and any transaction contemplated by this Agreement or any Restructuring Documents, any event, change, effect, occurrence, development, circumstance, condition, result, state of fact or change of fact (each, an Event) that, following the Restructuring Support Effective Date, individually or together with all other Events, has had, or would reasonably be expected to have, a material adverse effect on either (i) the business, operations, finances, properties, condition (financial or otherwise), assets or liabilities of the Debtors, taken as a whole or (ii) the ability of the Debtors, taken as a whole, to perform their respective obligations under, or to consummate the transactions contemplated by, this Agreement.
(cc) Organizational Documents means, with respect to any Person other than a natural person, the documents by which such Person was organized or formed (such as a certificate of incorporation, certificate of formation, certificate of limited partnership or articles of organization, and including, without limitation, any certificates of designation for preferred stock or other forms of preferred equity) or which relate to the internal governance of such Person (such as by-laws, a partnership agreement or an operating, limited liability company or members agreement).
(dd) Other Claims means any and all Claims against any of the Debtors other than any Prepetition Secured Credit Facility Claims.