EIGHTH AMENDMENT TO SUPERPRIORITY SENIOR SECURED DEBTOR-IN- POSSESSION CREDIT AGREEMENTDip Credit Agreement • October 13th, 2020 • New York
POSSESSION CREDIT AGREEMENT (this “Amendment”) is dated as of October 13, 2020 and entered into by and among 24 HOUR FITNESS WORLDWIDE, INC., a Delaware corporation, as the borrower, a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), 24 HOUR HOLDINGS II LLC, a Delaware limited liability company (“Holdings”), the other Guarantors party thereto, each Lender from time to time party thereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as administrative agent and collateral agent (the “Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the DIP Credit Agreement (as defined below).
FIRST AMENDED AND RESTATED RESTRUCTURING SUPPORT AND LOCK-UP AGREEMENTDip Credit Agreement • June 14th, 2019 • Legacy Reserves Inc. • Crude petroleum & natural gas • New York
This FIRST AMENDED AND RESTATED RESTRUCTURING SUPPORT AND LOCK-UP AGREEMENT (including all exhibits and schedules attached hereto and incorporated herein, this “Agreement”) is made and entered into as of June 13, 2019, by and among the following parties:1
THIRD AMENDMENT TO SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • August 24th, 2020 • New York
POSSESSION CREDIT AGREEMENT (this “Amendment”) is dated as of August 24, 2020 and entered into by and among 24 HOUR FITNESS WORLDWIDE, INC., a Delaware corporation, as the borrower, a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), 24 HOUR HOLDINGS II LLC, a Delaware limited liability company (“Holdings”), the other Guarantors party thereto, each Lender from time to time party thereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as administrative agent and collateral agent (the “Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the DIP Credit Agreement (as defined below).
DIP CREDIT AGREEMENTDip Credit Agreement • September 28th, 2005 • Entergy Gulf States Inc • Electric services • Louisiana
This DIP CREDIT AGREEMENT (this "Agreement"), dated as of September 26, 2005, is entered into by and between Entergy New Orleans, Inc., a Louisiana corporation, as a debtor-in-possession ("Borrower"), and Entergy Corporation, a Delaware corporation ("Lender").
DIP CREDIT AGREEMENTDip Credit Agreement • July 24th, 2017 • Texas
This DIP CREDIT AGREEMENT (this “Agreement”), dated as of July [ ], 2017, is entered into by and between Rooster Energy, Ltd., formed under the laws of British Columbia, as debtor- in-possession (“Parent”), Rooster Energy, L.L.C., a Louisiana limited liability company, as debtor-in-possession (“Rooster LLC”), Rooster Oil & Gas, LLC, a Delaware limited liability company, as debtor-in-possession (“Rooster O&G”), Rooster Petroleum, LLC, a Delaware limited liability company, as debtor-in-possession (“Rooster Petroleum”), Probe Resources US Ltd., a Nevada corporation, as debtor-in-possession (“Probe;” and together with Rooster LLC, Rooster O&G and Rooster Petroleum, the “Rooster Opcos,” and the Rooster Opcos together with Parent, each a “Borrower” and collectively, “Borrowers”), and Corn Meal, LLC, a Louisiana limited liability company (“Lender”).
c) Application of Certain Mandatory Prepayments. -------------------------------------------- Any prepayments made by any Borrower pursuant to Sections 1.3(b)(ii) or (b)(iii) above shall be ---------------------------------- applied as follows: first,...Dip Credit Agreement • December 2nd, 2003 • Agway Inc • Grain mill products • New York
AMENDMENT NO. 4 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 4 dated as of March 24, 2003 (this “Amendment No. 4”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
WAIVER NO. 9 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
WAIVER NO. 9 dated as of February 12, 2004 (this “Waiver No. 9”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
FIRST AMENDMENT TO RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • April 1st, 2009 • Storm Cat Energy CORP • Crude petroleum & natural gas • New York
THIS FIRST AMENDMENT TO RESTATED DIP CREDIT AGREEMENT (this “Amendment”) dated effective as of March 30, 2009, is entered into by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), REGIMENT CAPITAL SPECIAL SITUATIONS FUND III, L.P., a Delaware limited partnership (“Regiment”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), STORM CAT ENERGY (USA) CORPORATION, a Colorado corporation, as a debtor and debtor-in-possession (“Borrower”), STORM CAT ENERGY CORPORATION, a company incorporated under the laws of British Columbia, Canada (“Parent”), as a non-debtor guarantor, and each subsidiary of Borrower listed as a guarantor on the signature pages hereof, each as a debtor and debtor-in-possession (the “Subsidiaries” and collectiv
WAIVER NO. 11 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • April 29th, 2004 • Mci Inc • Telephone communications (no radiotelephone) • New York
WAIVER NO. 11 dated as of April 7, 2004 (this “Waiver No. 11”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
DIP CREDIT AGREEMENTDip Credit Agreement • February 27th, 2009 • Foothills Resources Inc • Crude petroleum & natural gas • New York
THIS DIP CREDIT AGREEMENT (this “Agreement”), is entered into as of February 23, 2009 by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), REGIMENT CAPITAL SPECIAL SITUATIONS FUND III, L.P., a Delaware limited partnership , as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), FOOTHILLS RESOURCES, INC., a Nevada corporation, as a debtor and debtor-in-possession (“Parent”) and each of Parent’s Subsidiaries identified on the signature pages hereof, each as a debtor and debtor-in-possession (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
AMENDMENT NO. 3 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 3 dated as of January 31, 2003 (this “Amendment No. 3”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
SECOND AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • March 31st, 2020 • New York
(this “Amendment”) is made and entered into on March [ ], 2020, by and among GCX LIMITED, an exempted company with limited liability formed under the laws of Bermuda (the “Borrower”), the Guarantors party hereto (collectively, the “Guarantors” and, individually, each a “Guarantor”), the Lenders party hereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as agent (in such capacity, together with its successors and assigns permitted hereunder, the “Administrative Agent”).
WAIVER NO. 2 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
WAIVER NO. 2 dated as of December 30, 2002 (this “Waiver No. 2”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • September 28th, 2020
AMENDMENT NO. 10 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • April 29th, 2004 • Mci Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 10 dated as of March 22, 2004 (this “Amendment No. 10”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
Chesapeake Energy Corporation Senior Secured Super-Priority Debtor-in- Possession Credit Facility Exit RBL Credit Facility Exit First Lien Last Out Term Loan Facility Commitment Letter June 28, 2020Dip Credit Agreement • June 29th, 2020 • Chesapeake Energy Corp • Crude petroleum & natural gas • New York
This Assignment and Acceptance Agreement (this “Assignment”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the DIP Credit Agreement (as defined below), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment as if set forth herein in full.
45,000,000 DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • May 4th, 2014 • New York
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 1 dated as of October 30, 2002 (this “Amendment No. 1”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
DIP Credit AgreementDip Credit Agreement • May 25th, 2021 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
This SUPER-PRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION TERM LOAN AGREEMENT (as amended, supplemented, modified or restated from time to time in accordance with the terms hereof, this “Agreement”), dated as of May 25, 2021, is entered into by and among Hospitality Investors Trust, Inc., a Maryland corporation (“HIT”), Hospitality Investors Trust Operating Partnership, L.P., a Delaware limited partnership (“HITOP”), each a Chapter 11 debtor-in-possession, as borrower (HIT and HITOP, individually or collectively, as the context may require, jointly and severally, the “Borrower” or the “Borrowers”), BROOKFIELD STRATEGIC REAL ESTATE PARTNERS II HOSPITALITY REIT II LLC, a Delaware limited liability company (the “Initial Lender”), and the other lenders party hereto from time to time (collectively, together with the Initial Lender, the “Lenders”), and TRIMONT REAL ESTATE ADVISORS, LLC, a Georgia limited liability company, as administrative agent (in such capacity, “Administrative Agent”) and
DEBTOR-IN-POSSESSION TERM LOAN NOTEDip Credit Agreement • July 1st, 2019 • West Virginia
FOR VALUE RECEIVED, the undersigned BLACKJEWEL L.L.C., a Delaware limited liability company as Debtor and Debtor-in-Possession (the “Maker”), promises to pay to the order of JEFFERY A. HOOPS, Sr., a resident of Clearwater, Florida, and CLEARWATER INVESTMENT HOLDINGS, LLC, a Delaware limited liability company (together, as their interests may appear, the “Lender,” which term shall include any holders hereof) at 1051 Main Street, Milton, West Virginia 25541-1215, or such other place as the Lender may from time to time designate in writing, the sum of Twenty Million Dollars ($20,000,000.00) (hereinafter called the “Principal Sum”) together with interest as hereinafter provided, and payable at the time(s) and in the manner(s) hereinafter provided. The Maker agrees that the advances made by the Lender and repayments thereof will be evidenced by entries made by the Lender into the Lender’s electronic data processing system and/or internal memoranda maintained by the Lender. The Maker further
AMENDMENT NO. 7 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 7 dated as of October 24, 2003 (this “Amendment No. 7”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
WAIVER NO. 8 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
WAIVER NO. 8 dated as of December 16, 2003 (this “Waiver No. 8”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
WAIVER NO. 5 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
WAIVER NO. 5 dated as of June 10, 2003 (this “Waiver No. 5”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
DIP CREDIT AGREEMENTDip Credit Agreement • July 23rd, 2006 • Delaware
THIS DIP CREDIT AGREEMENT, dated as of July [ ], 2006, is made by and among Complete Retreats, LLC, Preferred Retreats LLC, Distinctive Retreats, LLC, Private Retreats, LLC and each of the other Parties listed on Schedule A attached hereto, each a Delaware limited liability company and collectively d/b/a Tanner and Haley Resorts (each a “Borrower”, and collectively, the “Borrowers”), The Patriot Group, LLC, a Delaware limited liability company (“Patriot”), both in its capacity as a lender (a “Lender”) and as the agent for the Lenders under this Agreement (the “Agent”), and LPP Mortgage Ltd., (“LPP”) a Texas limited partnership, as the assignee of Beal Bank, S.S.B. (“Beal”), a Texas state-chartered savings bank, and its successors and assigns in its capacity as a lender (a “Lender”, and together with Patriot, the “Lenders”).
AMENDMENT NO. 1 to SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • July 24th, 2020 • Extraction Oil & Gas, Inc. • Crude petroleum & natural gas • New York
This Amendment No.1 to Superpriority Senior Secured Debtor-In-Possession Credit Agreement (this “Agreement”) dated as of July 20, 2020, is among Extraction Oil & Gas, Inc., a Delaware corporation (the “Borrower”), 7N, LLC, a Delaware limited liability company (“7N”), 8 North, LLC, a Delaware limited liability company (“8 North”), Axis Exploration, LLC, a Delaware limited liability company (“Axis”), Extraction Finance Corp., a Delaware corporation (“Finance Corp.”), Mountaintop Minerals, LLC, a Delaware limited liability company (“MTM”), Table Mountain Resources, LLC, a Delaware limited liability company (“TMR”), XOG Services, LLC, a Delaware limited liability company (“XOG LLC”), Northwest Corridor Holdings, LLC, a Delaware limited liability company (“Northwest”), and XTR Midstream, LLC, a Delaware limited liability company (together with 7N, 8 North, Axis, Finance Corp., MTM, TMR, XOG LLC and Northwest, collectively, the “Guarantors”), the undersigned Lenders (as defined below), and W
RESTATED DIP CREDIT AGREEMENT by and among STORM CAT ENERGY (USA) CORPORATION, as a debtor and debtor-in- possession, as Borrower, EACH SUBSIDIARY OF STORM CAT ENERGY (USA) CORPORATION LISTED AS A GUARANTOR SIGNATORY HERETO, as a debtor and...Dip Credit Agreement • February 5th, 2009 • Storm Cat Energy CORP • Crude petroleum & natural gas • New York
THIS RESTATED DIP CREDIT AGREEMENT (this “Agreement”), is entered into as of January 30, 2009, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), REGIMENT CAPITAL SPECIAL SITUATIONS FUND III, L.P., a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), STORM CAT ENERGY (USA) CORPORATION, a Colorado corporation, as a debtor and debtor-in-possession (“Borrower”), STORM CAT ENERGY CORPORATION, a company incorporated under the laws of British Columbia, Canada (“Parent”), as a non-debtor guarantor, and each subsidiary of Borrower listed as a guarantor on the signature pages hereof, each as a debtor and debtor-in-possession.
The DIP Credit AgreementDip Credit Agreement • February 12th, 2014
Amendment No. 1 to DIP Credit Agreement FIRST AMENDMENT TO SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • January 11th, 2019 • New York
This FIRST AMENDMENT TO SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is made as of January
First Amendment to DIP Credit AgreementDip Credit Agreement • April 29th, 2016 • New York
AMENDMENT, WAIVER AND CONSENT NO. 6 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT, WAIVER AND CONSENT NO. 6 dated as of August 22, 2003 (this “Amendment, Waiver and Consent No. 6”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
