DIP Loan Documents. Notwithstanding anything in this Agreement to the contrary, between the date of this Agreement and the earlier of the termination of this Agreement in accordance with Section 4.4 and the Closing Date, it shall not be a breach of this Agreement for, and nothing in this Agreement shall (or shall be deemed to) limit or affect the ability of, Sellers to incur Indebtedness or borrow funds under the DIP Loan Documents, including, without limitation, for the purpose of paying Cure Costs in accordance with the terms and conditions of the DIP Loan Documents.
DIP Loan Documents. The DIP Facility will be documented by customary documentation, which may include a credit agreement, a security agreement and a guaranty agreement, the terms of which will be consistent with this Term Sheet and will be based on the Prepetition Credit Facilities, subject to modifications customary for facilities of this type (such documentation, collectively, together with such ancillary documents contemplated thereunder, the “DIP Loan Documents”).
DIP Loan Documents. Any and all Advances and DIP Obligations shall be subject to this Order and governed by the DIP Loan Documents, until all DIP Obligations shall have been indefeasibly paid and satisfied in full. The DIP Lender is entitled to all rights, liens, superpriority claims, and remedies set forth herein until all DIP Obligations shall have been indefeasibly paid and satisfied in full and in cash.
DIP Loan Documents. Each of the DIP Loan Documents required to be executed at closing, including this Agreement, shall have been duly executed and delivered to Lender by each of the signatories thereto and accepted by Lender and each Obligor shall be in compliance with all of the terms thereof.
DIP Loan Documents. The Debtors have proposed to enter into the DIP Credit Agreement and such additional agreements and documentation (collectively with the DIP Credit Agreement, the “DIP Loan Documents”) as may be required by and are consistent with the DIP Credit Agreement and this Final DIP Order.
DIP Loan Documents. The DIP Facility will be documented under the documentation for the Bridge Loan Facility, as amended by an amendment thereto giving effect to the terms of the Interim Order and Final Order (which shall give effect to the terms set forth in this term sheet) (the “DIP Loan Documents”). The DIP Loan Documents shall be consistent with the terms and provisions set forth in the Bridge Loan Facility and this term sheet and shall be otherwise in form and substance reasonably satisfactory to the Required Lenders and the Borrowers.
DIP Loan Documents. The Borrowers and all other persons and entities party to the DIP Loan Documents (other than Lender) shall have executed and delivered to Lender this Agreement and the other DIP Loan Documents necessary to consummate the lending arrangement contemplated by this Agreement, including without limitation, the Procedures Letter.
DIP Loan Documents. Each of the DIP Loan Documents shall have been duly executed and delivered to Agent by each of the signatories thereto and in sufficient counterparts for each Lender) and accepted by Agent and Initial Lenders and each Credit Party shall be in compliance with all of the terms thereof.
DIP Loan Documents. Upon entry of the Interim Financing Order, the execution, delivery and performance by Borrower of the DIP Loan Documents to which it is a party, and the consummation of the transactions contemplated thereby, (i) have been duly authorized by all requisite action of Borrower and have been duly executed and delivered by or on behalf of Borrower; (ii) do not violate any provisions of (A) applicable law, statute, rule, regulation, ordinance or tariff, (B) any order of any Governmental Authority binding on Borrower or its properties, or (C) the certificate of incorporation or bylaws (or any other equivalent governing agreement or document) of Borrower; (iii) are not in conflict with, and do not result in a breach or default of or constitute an event of default, or an event, fact, condition or circumstance which, with notice or passage of time, or both, would constitute or result in a conflict, breach, default or event of default under, any indenture, agreement or other instrument to which Borrower is a party, or by which the properties or assets of Borrower are bound the effect of which could reasonably be expected to be, have or reflect in a Material Adverse Effect (other than conflicts, breaches, and defaults the enforcement of which is stayed by virtue of the filing of the Bankruptcy Case, or the Financing Orders); (iv) except as set forth herein and in the Financing Orders, will not result in the creation or imposition of any Lien of any nature upon any of the properties or assets of any such Borrower and (v) do not require the consent, approval or authorization of, or filing, registration or qualification with, any Governmental Authority or any other Person, except for the entry of the Interim Financing Order. When executed and delivered, and upon entry of the Interim Financing Order, each of the DIP Loan Documents to which Borrower is a party will constitute the legal, valid and binding obligation of Borrower, enforceable against Borrower in accordance with its terms.
DIP Loan Documents
