DIP Lenders. On the Closing Date (as defined below), the lenders under the DIP Facility (each a “DIP Lender”, and, collectively, the “DIP Lenders”) shall be the DIP Commitment Parties (and/or one or more of their respective designated affiliates, and/or related or managed funds or accounts in accordance with the DIP Commitment Letter).
DIP Lenders. United States Department of the Treasury and Export Development Canada, in relative proportion 2. AAT: Motors Liquidation Company Avoidance Action Trust
DIP Lenders. Arena will provide debtor-in-possession financing (the “DIP Financing”) to the Debtor on the terms set forth in the DIP Term Sheet (as defined below), which shall be secured by first-priority liens on all property of, and a superpriority claim against, the Debtor’s bankruptcy estate. The DIP Lenders’ claims in connection with the DIP Financing are collectively referred to herein as the “DIP Claims.” Management: Debtors’ Chief Executive Officer (Xxxxx Xxxxxx), General Counsel (Xxx Xxxxx), and Chief Financial Officer (Xxxx Xxxxxxxxx) are referred to herein, collectively, as “Management”; their employment agreements with the Company are referred to herein, collectively, as “Management Employment Agreements”; and their claims against the Company (including, without limitation, arising out of any future rejection of the Management Employment Agreements by the Debtor) are referred to herein, collectively, as “Management Employment Claims.”
DIP Lenders. All rights and obligations of the DIP Lenders under the DIP Facility shall be several and not joint. Prepetition ABL Credit Agreement: The Amended and Restated Credit Agreement dated as of June 20, 2017 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Prepetition ABL Credit Agreement”) by and among the DIP Borrower, Xxxxx Fargo Bank, National Association, as administrative agent and collateral agent (the “Prepetition ABL Agent”), the lenders from time to time party thereto (the “Prepetition ABL Lenders”) and the other parties thereto.
DIP Lenders. Financial institutions and funds which shall initially be the entities identified on Exhibit A to the Commitment Letter and such other lenders as permitted by the terms of the Commitment Letter, this term sheet and the other documentation for the DIP Facility (collectively, the “DIP Lenders”).
DIP Lenders. Tranche A DIP Loans: DW Catalyst Master Fund, Ltd. (in such capacity,together with its successors and permitted assignees, the “Tranche A DIP Lenders”).
DIP Lenders. Bzinfin and any other person that may become a lender under the DIP Agreement pursuant to section 13.2(a) thereof, in their respective capacities as lenders under the DIP Facility.
DIP Lenders. All funding obligations of the DIP Lenders shall be several and not joint and each DIP Lender shall fund its pro rata portion of each drawing. Any such DIP Lenders holding at least 50.1% of the sum of (i) the outstanding principal amount of all DIP loans outstanding at any such time and (ii) the principal amount of unused but available commitments in respect of DIP loans at any such time, the “Majority DIP Lenders”.
DIP Lenders. Certain of the Prepetition Term Lenders (as defined below). Participation in the DIP Facility will be offered to each Prepetition Term Lender in the amount of a pro-rata share in proportion to the amount of each Prepetition Term Lender’s outstanding commitments under the Prepetition Term Loan Agreement; provided that the “Backstop Lenders” identified as such on Annex I hereof (the “Backstop Lenders”) shall backstop the full aggregate amount of the DIP Facility by providing the commitments under the DIP Facility not assumed by the other Prepetition Term Lenders. Prepetition Term Lenders wishing to participate will be required to execute the credit agreement governing the DIP Facility by no later than one (1) business day after the Petition Date and become parties to that certain restructuring support agreement, dated as of March 31, 2015 (“RSA”), by and among the Debtors, certain of the Prepetition Term Lenders (as defined below) and the other parties thereto.
DIP Lenders. The lenders under the DIP Facility (each a “DIP Lender”, and, collectively, the “DIP Lenders”) as of the Closing Date (as defined below) shall be (x) the Initial DIP Commitment Parties and (y) one or more other Consenting Lenders (as defined in the Transaction Support Agreement) (and/or one or more of their respective designated affiliates and/or related funds or accounts) who elect to participate in the DIP Facility through a syndication process (the “DIP Syndication”) to be conducted prior to the Petition Date. Each Consenting Lender (and/or one or more of their respective designated affiliates and/or related funds or accounts) may elect to subscribe for commitments to provide DIP New Money Loans in the DIP Syndication on a pro rata basis based on the aggregate principal amount of the term loans under the Existing Term Loan Agreement (the “Existing Term Loans”) held by such Consenting Lender as compared to the aggregate principal amount of Existing Term Loans held by all Consenting Lenders.
