Debtor-In-Possession Loan And Security Agreement Sample Contracts

DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT by and Among GREGG APPLIANCES, INC. As Borrower HHG DISTRIBUTING, LLC and HHGREGG, INC. As Guarantors WELLS FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent and Collateral Agent GACP FINANCE CO., LLC as FILO Agent and THE LENDERS FROM TIME TO TIME PARTY HERETO as Lenders Dated: March 6, 2017 (April 12th, 2017)

This Debtor-in-Possession Loan and Security Agreement, dated March 6, 2017 (the "Agreement"), is entered into by and among GREGG APPLIANCES, INC., an Indiana corporation, as debtor and debtor-in-possession ("Borrower"), HHG DISTRIBUTING, LLC, a Delaware limited liability company, as debtor and debtor-in-possession ("HHG"), HHGREGG, INC., an Indiana corporation, as debtor and debtor-in-possession ("Parent"), the parties hereto from time to time as Lenders (as defined below), WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Agent (as defined below), and GACP FINANCE CO., LLC, in its capacity as FILO Agent (as defined below).

Implant Sciences Corporation – First Amendment to Senior Secured, Super-Priority Debtor-In-Possession Loan and Security Agreement (November 4th, 2016)

THIS FIRST AMENDMENT TO SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT (this Agreement), entered into as of November 3, 2016, is made and entered into by and among DIP SPV I, L.P. (DIP Lender) and IMPLANT SCIENCES CORPORATION, C ACQUISITION CORP., ACCRUEL SYSTEMS INTERNATIONAL CORPORATION, and IMX ACQUISITION CORP. (collectively, Borrower).

Implant Sciences Corporation – Senior Secured, Super-Priority Debtor-In-Possession Loan and Security Agreement (October 14th, 2016)
Debtor-In-Possession Loan and Security Agreement (September 21st, 2012)

DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT, dated as of September 13, 2012, by and between VALENCE TRECHNOLOGY, INC., a Delaware corporation and a debtor-in-possession with its principal place of business at 12303 Technology Boulevard, Suite 950, Austin, TX 78727 ("Borrower") and GEMCAP LENDING I, LLC, a Delaware limited liability company with offices at 24955 Pacific Coast Highway, Suite A202, Malibu, CA 90265 (together with its successors and assigns, the "Lender").

Capital Growth Systems Inc /Fl/ – Debtor in Possession Loan and Security Agreement (August 5th, 2010)

"Milestone Requirements" shall mean the following: The Borrowers shall file the Reorganization Plan and Disclosure Statement (as defined in the Plan Support Agreement) and motion to approve bidding and sale procedures (including break-up fee, qualified bidder requirements; bid, sale hearing, auction and closing deadlines, and bidding rules), consistent with the Plan Support Agreement all in form and substance acceptable to the Lenders, no later than 15 days after the Petition Date. The Borrowers shall obtain approval of the sale transaction contemplated by the Plan Support Agreement no later than 90 days after the Petition Date. The Bankruptcy Court shall confirm the Plan no later than 105 days after the Petition Date. The Effective Date of the Plan shall occur by no later than the later of (i) 125 days after the Petition Date or (ii) the date as of which all conditions precedent to the Effective Date under the Plan (as defined in the Plan Support Agreement) have been satisfied or

SENIOR SECURED, SUPER-PRIORITY DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT Dated as of June 18, 2009 Among THE FINANCIAL INSTITUTIONS NAMED HEREIN as the Lenders BANK OF AMERICA, N.A. As the Agent BANC OF AMERICA SECURITIES LLC as Sole Lead Arranger and Book Manager BANK OF AMERICA, N.A. And THE CIT GROUP/BUSINESS CREDIT, INC. As Co-Syndication Agents GENERAL ELECTRIC CAPITAL CORPORATION THE CIT GROUP/BUSINESS CREDIT, INC. As Co-Collateral Agents GENERAL ELECTRIC CAPITAL CORPORATION as Documentation Agent EDDIE BAUER, INC. As Borrower and EDDIE BAUER HOLDINGS, INC. THE SUBSIDIARIES OF EDD (June 19th, 2009)

Senior Secured, Super-Priority Debtor-in-Possession Loan and Security Agreement, dated as of June 18, 2009, among the financial institutions listed on the signature pages hereof (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a Lender and collectively as the Lenders), Bank of America, N.A., with an office at 100 Federal Street, Boston, Massachusetts 02110, as agent for the Lenders (in its capacity as agent, together with any successor in such capacity, the Agent), Banc of America Securities LLC, as sole lead arranger and book manager (in such capacity, the Arranger), Bank of America, N.A. and The CIT Group/Business Credit, Inc., as co-syndication agents (in such capacity, the Co-Syndication Agents), General Electric Capital Corporation and The CIT Group/Business Credit, Inc., as co-collateral agents (in such capacity, the Co-Collateral Agents), General Electric Capital Corporation, as documentation ag

Black Raven Energy Inc – DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT Between PRB ACQUISITION, LLC as Lender and PRB OIL AND GAS, INC., and PRB ENERGY, INC. Debtors and Debtors- In-Possession as Borrowers Dated as of May 19, 2008 (May 27th, 2008)

THIS DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT (the Agreement) is entered into by and between PRB ENERGY, INC. (Energy) and PRB OIL AND GAS, INC. (Oil & Gas), each a Colorado corporation and a debtor and debtor-in-possession in bankruptcy (individually and/or collectively, Borrower), and PRB ACQUISITION, LLC, a Colorado limited liability company (Lender).

Black Raven Energy Inc – DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT Between PRB ACQUISITION, LLC as Lender and PRB OIL AND GAS, INC., and PRB ENERGY, INC. Debtors and Debtors- In-Possession as Borrowers Dated as of April , 2008 (May 2nd, 2008)

THIS DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT (the Agreement) is entered into by and between PRB ENERGY, INC. (Energy) and PRB OIL AND GAS, INC. (Oil & Gas), each a Colorado corporation and a debtor and debtor-in-possession in bankruptcy (individually and/or collectively, Borrower), and PRB ACQUISITION, LLC, a Colorado limited liability company (Lender).

Integrated Electrical Services – Debtor-In-Possession Loan and Security Agreement (February 21st, 2006)
Fifth Amendment to Debtor in Possession Loan and Security Agreement (April 13th, 2005)

FIFTH AMENDMENT TO DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT, dated as of April 8, 2005 (this "Amendment"), by and among Ultimate Electronics, Inc., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Parent"), Ultimate Intangibles Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Intangibles"), Ultimate Leasing Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Leasing"), Fast Trak Inc., a Minnesota corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Fast Trak"), Ultimate Electronics Partners Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Electronics Partners"), Ultimate Electronics Leasing LP, a Texas limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Electron

Fourth Amendment to Debtor in Possession Loan and Security Agreement (April 13th, 2005)

FOURTH AMENDMENT TO DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT, dated as of April 4, 2005 (this "Amendment"), by and among Ultimate Electronics, Inc., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Parent"), Ultimate Intangibles Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Intangibles"), Ultimate Leasing Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Leasing"), Fast Trak Inc., a Minnesota corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Fast Trak"), Ultimate Electronics Partners Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Electronics Partners"), Ultimate Electronics Leasing LP, a Texas limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code ("Electro

Waiver and Third Amendment to Debtor in Possession Loan and Security Agreement (March 24th, 2005)

WAIVER AND THIRD AMENDMENT TO DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT, dated as of March 16, 2005 (this Amendment), by and among Ultimate Electronics, Inc., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Parent), Ultimate Intangibles Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Intangibles), Ultimate Leasing Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Leasing), Fast Trak Inc., a Minnesota corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Fast Trak), Ultimate Electronics Partners Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Electronics Partners), Ultimate Electronics Leasing LP, a Texas limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Electron

Waiver and Third Amendment to Debtor in Possession Loan and Security Agreement (March 23rd, 2005)

WAIVER AND THIRD AMENDMENT TO DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT, dated as of March 16, 2005 (this Amendment), by and among Ultimate Electronics, Inc., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Parent), Ultimate Intangibles Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Intangibles), Ultimate Leasing Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Leasing), Fast Trak Inc., a Minnesota corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Fast Trak), Ultimate Electronics Partners Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Electronics Partners), Ultimate Electronics Leasing LP, a Texas limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Electron

Debtor in Possession Loan and Security Agreement (February 16th, 2005)

FIRST AMENDMENT TO DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT, dated as of January , 2005 (this Amendment), by and among Ultimate Electronics, Inc., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Parent), Ultimate Intangibles Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Intangibles), Ultimate Leasing Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Leasing), Fast Trak Inc., a Minnesota corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Fast Trak), Ultimate Electronics Partners Corp., a Colorado corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Electronics Partners), Ultimate Electronics Leasing LP, a Texas limited partnership and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Electronics L

DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT by and Among ULTIMATE ELECTRONICS, INC. And EACH OF ITS SUBSIDIARIES THAT ARE SIGNATORIES HERETO as Debtors and Debtors in Possession and as Joint and Several Borrowers, THE LENDERS THAT ARE SIGNATORIES HERETO as the Lenders, and WELLS FARGO RETAIL FINANCE, LLC as Arranger and Agent Dated as of January 14, 2005 (January 21st, 2005)

THIS DEBTOR IN POSSESSION LOAN AND SECURITY AGREEMENT (this Agreement), is entered into as of January 14, 2005, between and among, on the one hand, the lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a Lender and collectively as the Lenders), including, without limitation, WELLS FARGO RETAIL FINANCE, LLC, a Delaware limited liability company (WFRF), and WFRF as the arranger and administrative agent for the Lenders and any other holder of Obligations referred to below (Agent), and, on the other hand, ULTIMATE ELECTRONICS, INC., a Delaware corporation and a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (Parent), and each of Parents Subsidiaries identified on the signature pages hereof, each of such subsidiaries being a debtor and debtor in possession under Chapter 11 of the Bankruptcy Code (such Subsidiaries, together with Parent, are referred