Examples of New Letters of Credit in a sentence
All New L/C Obligations of the Borrower shall be unconditionally guaranteed by each of the Guarantors on a joint and several basis, and cash collateralized by the Borrower, using cash or proceeds of the DIP Loans, in an amount equal to 105% of the aggregate Undrawn Amount (as defined in the DIP L/C Agreement) of New Letters of Credit issued, in each case as further provided in the DIP L/C Facility Documents, including with respect to subordination of the DIP Liens on such cash collateral.
The Borrower’s authority to borrow further DIP Loans, request the issuance of New Letters of Credit and increase the DIP Facility solely on account of any amounts drawn under the Existing Letter of Credit will be governed by the terms of this Final Order.
The Debtors’ access to sufficient working capital and liquidity through the use of borrowing under the DIP Facility, the issuance of New Letters of Credit and through the use of Cash Collateral is vital to the preservation and maintenance of the going concern values of the Debtors and to a successful reorganization of the Debtors pursuant to the Restructuring Transactions.
New Letters of Credit issued under the Revolving Facility shall be subject to the annual fee set forth in Section 2.4(b).
Importantly, under the New Agreement, BBVA has committed to issue New Letters of Credit in the amount of outstanding Existing Letters of Credit.
Following the expiration of the Interim Period, the Borrower’s authority to borrow further DIP Loans and request the issuance of New Letters of Credit will be governed by the terms of the Final Order.
Any New Letters of Credit are issued under the DIP Facility will be cash collateralized under the terms of the DIP Credit Agreement.
The DIP Facility portion of the DIP Financing consists of (a) a secured super- priority postpetition credit facility in the form of a multiple-draw term loan facility in an aggregate principal amount of $70 million, and also provides for (i) the Existing Letters of Credit and (ii) the New Letters of Credit, and (b) the consensual use of the Cash Collateral of the Prepetition Secured Parties.
All New L/C Obligations of the Borrower shall be unconditionally guaranteed by each of the Guarantors on a joint and several basis, and cashcollateralized by the Borrower, using cash or proceeds of the DIP Loans, in an amount equal to 105% of the aggregate Undrawn Amount (as defined in the DIP L/C Agreement) of New Letters of Credit issued, in each case as further provided in the DIP L/C Facility Documents, including with respect to subordination of the DIP Liens on such cash collateral.
The Debtors’ access to sufficient working capital and liquidity through the use of borrowing under the DIP Facility, the issuance of New Letters of Credit and through the use of Cash Collateral is vital to the preservation and maintenance of the going concern values of the Debtors and to a successful reorganization of the Debtors pursuant to the Restructuring Transactions and to avoid immediate and irreparable harm pending the FinalHearing [SMB: 3/10/17].