DIP Credit Agreement. The DIP Credit Agreement shall not have been terminated by the Investor as a result of an Event of Default (as defined in the DIP Credit Agreement), and there shall have been no material breach of the DIP Credit Agreement by the Investor that is continuing.
DIP Credit Agreement. (i) The Company shall have repaid all amounts outstanding under the DIP Credit Agreement other than any amounts that are to be converted in the DIP Conversion and provided evidence to the Investors, in form and substance reasonably satisfactory to the Investors, that on the Effective Date all obligations under the DIP Credit Agreement have been repaid in full, all commitments under the DIP Credit Agreement have been terminated and all liens and security interests related to the DIP Credit Agreement have been terminated or released and (ii) no “Event of Default” or “Default” (each as defined in the DIP Credit Agreement), or breach by the Company or any of its Subsidiaries of the Final Order relating to the DIP Credit Agreement entered by the Bankruptcy Court on April 25, 2014, has occurred that has not been cured by the Debtors in a manner consistent with the DIP Credit Agreement or waived by the lenders pursuant to the DIP Credit Agreement;
DIP Credit Agreement. The Administrative Agent shall have received this Agreement, executed and delivered by the Borrower, each Initial Lender, the Swingline Bank, the Initial Issuing Bank, the Administrative Agent and the Lead Arranger.
DIP Credit Agreement. No default or event of default shall have occurred and be continuing under the DIP Credit Agreement.
DIP Credit Agreement. The Closing (as defined in the DIP Credit Agreement) shall have occurred and the DIP Credit Agreement shall not have been terminated by the Investor.
DIP Credit Agreement. The First Funding Date under the DIP Credit Agreement shall have occurred, the DIP Credit Agreement shall not have been terminated by the Investor as a result of an Event of Default (as defined in the DIP Credit Agreement), the Investor shall have funded each Loan requested by the Companies under the DIP Credit Agreement for which the conditions to funding thereunder have been satisfied and there shall have been no material breach of the DIP Credit Agreement by the Investor that is continuing.
DIP Credit Agreement. (a) The Agent may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, and without application to or order of the Bankruptcy Court, all the rights and remedies of a secured party on default under the UCC (whether or not in effect in the jurisdiction where such rights are exercised) and also may, without being required to give any notice, except as specifically provided herein or as may be required by mandatory provisions of law, (i) withdraw all cash and Liquid Investments in the Concentration Account and apply such cash and Liquid Investments and other cash, if any, then held by it as Collateral as specified in Section 17 and (ii) if there shall be no such cash or Liquid Investments, or if such cash and Liquid Investments shall be insufficient to pay all the Obligations in full, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any of the Agent's offices or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as the Agent may, in its sole discretion, deem commercially reasonable. The Agent or any DIP Lender may be the purchaser of any or all of the Collateral so sold at any public sale (or, if the Collateral is of a type customarily sold in a recognized market or is of a type that is the subject of widely distributed standard price quotations, at any private sale). The Grantors will execute and deliver such documents and take such other action as the Agent deems necessary or advisable in order that any such sale may be made in compliance with law. Upon any such sale, the Agent shall have the right to deliver, assign and transfer to the purchaser the Collateral sold. Each purchaser at any such sale shall hold the Collateral so sold to it absolutely and free from any claim or right of whatever kind, including any equity or right of redemption of the Grantors that may be waived, and the Grantors, to the extent permitted by law, hereby specifically waive all rights of redemption, stay or appraisal that they have or may have under any law now existing or hereafter adopted. Each Grantor agrees that, to the extent notice of such sale shall be required by law, five days' notice to the Grantors of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. Any such public sale shall be held at such time or times withi...
DIP Credit Agreement. The Company and its Subsidiaries party thereto shall not amend the terms of the DIP Credit Agreement without the Consent of the Backstop Purchasers.
DIP Credit Agreement. If there is an “Event of Default” under the DIP Credit Agreement upon the failure of the debtors thereto to cure in accordance with the provisions of the DIP Credit Agreement, or the failure of the creditors thereto to waive the occurrence of such an Event of Default.
DIP Credit Agreement. The Borrower will deliver to the Administrative Agent, on or prior to May 14, 2021 (or such later date as the Administrative Agent may agree), a form of debtor-in-possession credit agreement approved by the Ad Hoc Group, which shall, among other things, provide for a roll up of the Ad Hoc Bridge Facility.
