Possession Credit Agreement Sample Contracts

AMENDMENT NO. 3 TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • June 21st, 2006 • Foamex L P • Plastics foam products • New York
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DEBTOR-IN-POSSESSION CREDIT AGREEMENT
-Possession Credit Agreement • July 31st, 2018 • California

entered into as of August [2], 2018 (the “Effective Date”), by and between TULARE LOCAL HEALTHCARE DISTRICT, a local healthcare district of the State of California (the “Borrower”), ADVENTIST HEALTH SYSTEM/WEST (“AH”), a California nonprofit religious corporation doing business as ADVENTIST HEALTH (together with its permitted successors and assigns, in such capacity, “Lender”) and solely with respect to Section 2.1(d)(ii)(a) hereof, the Tenant (as such term is defined in the Lease).

SUPERPRIORITY SECURED DEBTOR IN POSSESSION CREDIT AGREEMENT Dated as of February 15, 2023, among AVAYA HOLDINGS CORP., a Debtor and Debtor in Possession under chapter 11 of the Bankruptcy Code, as Holdings, AVAYA INC., a Debtor and Debtor in...
Possession Credit Agreement • February 22nd, 2023 • Avaya Holdings Corp. • Services-prepackaged software

SUPERPRIORITY SECURED DEBTOR IN POSSESSION CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), dated as of February 15, 2023, among AVAYA HOLDINGS CORP., a Delaware corporation and a Debtor and Debtor in Possession under chapter 11 of the Bankruptcy Code (“Holdings”), in its capacity as Holdings, AVAYA INC., a Delaware corporation and a Debtor and Debtor in Possession under chapter 11 of the Bankruptcy Code (the “Borrower”), the lending institutions from time to time parties hereto (each a “Lender” and, collectively, the “Lenders”) and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Administrative Agent and Collateral Agent.

DATED AS OF MARCH 4, 2004 AMONG
Possession Credit Agreement • September 3rd, 2004 • Footstar Inc • Retail-shoe stores • New York
SECOND LIEN SECURED PRIMING SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • May 8th, 2009 • New York
SIXTH AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • November 16th, 2017 • Breitburn Energy Partners LP • Crude petroleum & natural gas • New York

THIS SIXTH AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT (hereinafter called this “Amendment”) is dated effective as of November 15, 2017, by and among BREITBURN OPERATING LP, a Delaware limited partnership (the “Company”), BREITBURN ENERGY PARTNERS LP, a Delaware limited partnership (“Parent”), the other Guarantors, each Lender signatory hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity “Administrative Agent”).

EXHIBIT 10.1 AMENDED AND RESTATED SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT DATED AS OF MARCH 27, 2006
Possession Credit Agreement • April 3rd, 2006 • Delta Air Lines Inc /De/ • Air transportation, scheduled • New York
SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of March 18, 2009 Among CHEMTURA CORPORATION, as Debtor and Debtor-in-Possession as Borrower and THE GUARANTORS PARTY HERETO, as Debtors and Debtors in Possession under...
Possession Credit Agreement • October 29th, 2009 • Chemtura CORP • Plastic material, synth resin/rubber, cellulos (no glass) • New York

SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) dated as of March 18, 2009 among CHEMTURA CORPORATION, a Delaware corporation and a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code (as hereinafter defined) (the “Borrower”), and each of the direct and indirect Subsidiaries of the Borrower signatory hereto (each, a “Guarantor”, and together with any person that becomes a Guarantor hereunder pursuant to Section 8.05, the “Guarantors”), each of which is a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, the Initial Lenders (as hereinafter defined) and the other banks, financial institutions and other institutional lenders party hereto (each, a “Lender”, and together with the Initial Lenders and any other person that becomes a Lender hereunder pursuant to Section 10.07, the “Lenders”), CITIBANK, N.A. (“Citibank”), as the initial issuing bank (in such capacity, the “Initia

DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of September 22, 2017 among TOYS “R” US-DELAWARE, INC., as Borrower and NexBank SSB, as Administrative Agent and as Collateral Agent, The Lenders Party Hereto, SENIOR SECURED SUPER-PRIORITY...
Possession Credit Agreement • September 27th, 2017 • Toys R Us Inc • Retail-hobby, toy & game shops • New York

DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) dated as of September 22, 2017, among TOYS R” US-DELAWARE, INC., a Delaware corporation, as debtor and debtor-in-possession (the “Borrower”), each Lender from time to time party hereto, NexBank SSB, as administrative agent for the Lenders (together with its permitted successors and assigns in such capacity, the “Administrative Agent”), NexBank SSB, as collateral agent for the Secured Parties (together with its permitted successors and assigns in such capacity, the “Collateral Agent”).

DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of August 4, 2016
Possession Credit Agreement • September 21st, 2016 • New York

(as amended, restated, supplemented, increased, extended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by INTERNATIONAL SHIPHOLDING CORPORATION, a Delaware corporation (the “Company”), ENTERPRISE SHIP COMPANY, INC., a Delaware corporation (“Enterprise”), SULPHUR CARRIERS, INC., a Delaware corporation (“Sulphur Carriers”), CENTRAL GULF LINES, INC., a Delaware corporation (“Central Gulf”), WATERMAN STEAMSHIP CORPORATION, a New York corporation (“Waterman”), COASTAL CARRIERS, INC., a Delaware corporation (“Coastal”), N. W. JOHNSEN & CO., INC., a New York corporation (“NWJ”), LMS SHIPMANAGEMENT, INC.,

DEBTOR-IN-POSSESSION CREDIT AGREEMENT among COOPER-STANDARD HOLDINGS INC., COOPER-STANDARD AUTOMOTIVE INC., COOPER-STANDARD AUTOMOTIVE CANADA LIMITED, METZELER AUTOMOTIVE PROFILE SYSTEMS GMBH, VARIOUS LENDING INSTITUTIONS, DEUTSCHE BANK TRUST COMPANY...
Possession Credit Agreement • March 31st, 2010 • Cooper-Standard Holdings Inc. • Motor vehicle parts & accessories

DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of December 18, 2009, among COOPER-STANDARD HOLDINGS INC., a Delaware corporation (“Holdings”), COOPER-STANDARD AUTOMOTIVE INC., an Ohio corporation (the “U.S. Borrower”), COOPER-STANDARD AUTOMOTIVE CANADA LIMITED, a corporation organized under the laws of Ontario (the “Canadian Borrower” or the “Canadian Debtor”), METZELER AUTOMOTIVE PROFILE SYSTEMS GMBH, a limited liability company (Gesellschaft mit beschränkter Haftung) (the “German Borrower”), DEUTSCHE BANK TRUST COMPANY AMERICAS, as the administrative agent (in such capacity, the “Administrative Agent”), as the collateral agent (in such capacity, the “Collateral Agent”), and as the documentation agent (in such capacity, the “Documentation Agent”), and DEUTSCHE BANK SECURITIES INC., as the syndication agent (the “Syndication Agent”), and as sole lead arranger and sole book runner (in such capacity, the “Sole Lead Arranger”).

DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • January 11th, 2016 • Swift Energy Co • Crude petroleum & natural gas • Texas

THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) is made and entered into as of January 6, 2016, by and among SWIFT ENERGY COMPANY, a Texas corporation (the “Borrower”), each of the Lenders from time to time a party hereto, CANTOR FITZGERALD SECURITIES, as administrative agent and collateral agent for the Lenders (in such capacity, together with its successors in such capacity pursuant to the terms hereof, the “Administrative Agent”), and the other parties from time to time party hereto.

DEBTOR-IN-POSSESSION CREDIT AGREEMENT
-Possession Credit Agreement • February 7th, 2019 • California

THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) is entered into as of February _ 2019 (the “Effective Date”), by and between TULARE LOCAL HEALTHCARE DISTRICT, a local healthcare district of the State of California (the “Borrower”), and the CITY OF TULARE, CALIFORNIA, an incorporated City in Tulare County, California (the “Lender”).

AMENDMENT NO. 2 TO SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • June 14th, 2016 • Sunedison, Inc. • Semiconductors & related devices • New York

This SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of April 26, 2016, among (i) SUNEDISON, INC., a Delaware corporation and a debtor and debtor-in-possession (the “Borrower”), (ii) each Lender from time to time party hereto, (iii) WELLS FARGO BANK, NATIONAL ASSOCIATION, ROYAL BANK OF CANADA and KEYBANK NATIONAL ASSOCIATION, as L/C Issuers, and (iv) DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent.

SENIOR SECURED SUPER-PRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT DATED AS OF June 30, 2020 AMONG LILIS ENERGY, INC., as Borrower,
Possession Credit Agreement • July 2nd, 2020 • Lilis Energy, Inc. • Crude petroleum & natural gas • New York
SECOND AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • June 24th, 2020

Borrower, Lender and Tenant are parties to a Debtor-in-Possession Credit Agreement, dated as of August 8, 2018 (as amended by that certain First Amendment to Debtor-In-Possession Credit Agreement dated as of November 5, 2019, the “Existing Credit Agreement”, and as further amended, restated, amended and restated, supplemented or otherwise modified from time to time, the “Credit Agreement”).

SENIOR SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of July 14, 2020 Among HI-CRUSH INC. as Borrower, JPMORGAN CHASE BANK, N.A., as Administrative Agent and an Issuing Lender, ZIONS BANCORPORATION, N.A. DBA AMEGY BANK, as an Issuing Lender...
Possession Credit Agreement • July 17th, 2020 • Hi-Crush Inc. • Mining & quarrying of nonmetallic minerals (no fuels) • New York

This SENIOR SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of July 14, 2020 (the “Agreement”) is among Hi-Crush Inc., a Delaware corporation (the “Borrower”), which is a debtor and debtor-in-possession in a Chapter 11 Case (as defined below), the Lenders (as defined below) and other parties from time to time party hereto, and JPMorgan Chase Bank, N.A., as Administrative Agent (as defined below) for the Lenders and as an Issuing Lender (as defined below), and each other Issuing Lender (as defined below).

SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT between
Possession Credit Agreement • March 23rd, 2016 • Quantum Fuel Systems Technologies Worldwide, Inc. • Motor vehicle parts & accessories • California

This Superpriority Debtor-in-Possession Credit Agreement (this “Agreement”), dated as of March 22, 2016, is between Quantum Fuel Systems Technologies Worldwide, Inc., a Delaware corporation and a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (the “Borrower”), and Douglas Acquisitions LLC, as lender (together with its successors and assigns, the “Lender”).

SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of March 22, 2018 among CLAIRE’S STORES, INC., as a Debtor and Debtor- in-Possession, CLAIRE’S INC., and THE OTHER LOAN PARTIES PARTY HERETO, each as a Debtor and...
Possession Credit Agreement • April 5th, 2018 • Claires Stores Inc • Retail-apparel & accessory stores • New York

SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of March 22, 2018 (this “Agreement” or “DIP Credit Agreement”), among, inter alios, CLAIRE’S INC., a Delaware corporation (“Holdings”), CLAIRE’S STORES, INC., a Florida corporation (“Borrower”), the LENDERS party hereto from time to time, and CITIBANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.

SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • December 14th, 2020

POSSESSION CREDIT AGREEMENT, dated as of December [ ], 2020 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is by and among Aztec

Contract
Possession Credit Agreement • June 16th, 2009 • TXCO Resources Inc • Crude petroleum & natural gas • New York
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FIRST AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • December 29th, 2009 • Champion Enterprises Inc • Mobile homes • New York

THIS FIRST AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of December 18, 2009 (this “Amendment”), to the Existing Credit Agreement (as defined below) is entered into among CHAMPION HOME BUILDERS CO., a Michigan corporation (the “Borrower”), CHAMPION ENTERPRISES, INC., a Michigan corporation (the “Parent”), certain of the Lenders (such capitalized term and other capitalized terms used in this preamble and the recitals below to have the meanings set forth in, or are defined by reference in Article I below), CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as the Administrative Agent (in such capacity, the “Administrative Agent”), and, each Obligor signatory hereto.

DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of February 24, 2009 Among
Possession Credit Agreement • March 2nd, 2009 • Foamex International Inc. • Plastics foam products • New York
SENIOR SECURED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • April 29th, 2009 • AbitibiBowater Inc. • Paper mills • New York

SENIOR SECURED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of April 21, 2009, by and among ABITIBIBOWATER INC., a Delaware corporation ("Parent"), BOWATER INCORPORATED, a Delaware corporation ("Bowater"), BOWATER CANADIAN FOREST PRODUCTS INC. a Nova Scotia company ("Bowater Canada", and together with the Parent and Bowater, "Borrowers") and each Guarantor, each as debtors and debtors in possession under Chapter 11 of the Bankruptcy Code (as hereinafter defined) and as debtor companies under the CCAA (as hereinafter defined), AVENUE INVESTMENTS, L.P. ("Avenue Investments"), as a Lender, FAIRFAX FINANCIAL HOLDINGS LTD., as a Lender, ("FFH" and together with Avenue Investments, the "Initial Lenders"), the other Lenders party hereto from time to time, and FFH, as administrative agent (in such capacity, the "Administrative Agent") and collateral agent (in such capacity, the "Collateral Agent").

SENIOR SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of November 18, 2020 among GENERAL MOLY INC., as Borrower, NEW MOLY LLC, as Agent and Majority Lender, and BRUCE D. HANSEN and BONG T. HANSEN, as Minority Lender
Possession Credit Agreement • November 20th, 2020 • General Moly, Inc • Metal mining • Colorado

This SENIOR SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT (as amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of November 18, 2020, among GENERAL MOLY INC., a Delaware corporation, as borrower (the “Borrower”), BRUCE D. HANSEN and BONG T. HANSEN, individuals, jointly as joint tenants, as a lender (together with any successors or assigns, collectively the “Minority Lender”), and NEW MOLY LLC, a Delaware limited liability company, as a lender (together with any successors or assigns, the “Majority Lender” and, together with the Minority Lender, collectively the “Lenders” and each a “Lender”) and Majority Lender as administrative agent on behalf of the Lenders (in such capacity, together with any successors or assigns, the “Agent”).

FIRST AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • May 3rd, 2019 • Vanguard Natural Resources, Inc. • Crude petroleum & natural gas

THIS FIRST AMENDMENT TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) is entered into effective as of April 29, 2019 (the “Effective Date”) among VANGUARD NATURAL GAS, LLC, a Kentucky limited liability company (the “Borrower”), the undersigned Guarantors, CITIBANK, N.A., as the administrative agent (in such capacity, the “Administrative Agent”), Citibank, N.A., as the lender (in such capacity, the “Existing Lender”) and the New Lenders (as defined below). Unless otherwise defined herein, all capitalized terms used herein that are defined in the Credit Agreement referred to below shall have the meanings given such terms in the Credit Agreement.

DEBTOR IN POSSESSION CREDIT AGREEMENT dated as of September 24, 2002 by and among PEREGRINE SYSTEMS, INC., a Delaware corporation and a Chapter 11 Debtor- in-Possession, and PEREGRINE REMEDY, INC., a Delaware corporation and a Chapter 11...
Possession Credit Agreement • April 30th, 2004 • Peregrine Systems Inc • Services-prepackaged software • Delaware

THIS DEBTOR IN POSSESSION CREDIT AGREEMENT dated as of September 24, 2002, by and among PEREGRINE SYSTEMS, INC., a Delaware corporation and a Chapter 11 debtor-in-possession and PEREGRINE REMEDY, INC., a Delaware corporation and a Chapter 11 debtor-in-possession (each individually a “Borrower”, and collectively, “Borrowers”); each of the Subsidiaries of Borrowers listed on the signature pages hereof (collectively, “Guarantors”) and BMC SOFTWARE, INC., a Delaware corporation (“Lender”). Capitalized terms used in this Agreement have the meanings assigned to them in Appendix A, General Definitions.

SCHEDULES TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • February 4th, 2019

Reference is made to the DEBTOR-IN-POSSESSION CREDIT AGREEMENT (the “Agreement”), dated as of February 1, 2019, by and among TULARE LOCAL HEALTHCARE DISTRICT, a local health care district of the State of California (“Borrower”), on the one hand, and the CITY OF TULARE, CALIFORNIA, an incorporated City in Tulare County, California (“Lender”), on the other hand. At times hereafter, Borrower and Lender are referred to individually as a “Party” or collectively as the “Parties”.

DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of March 3, 2009 among LYONDELLBASELL INDUSTRIES AF S.C.A., as the Company, LYONDELL CHEMICAL COMPANY, EQUISTAR CHEMICALS, LP, HOUSTON REFINING LP, BASELL USA INC., MILLENNIUM CHEMICALS INC. and...
Possession Credit Agreement • March 5th, 2009 • Equistar Chemicals Lp • Agricultural chemicals • New York

DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of March 3, 2009, among LYONDELL CHEMICAL COMPANY, a Delaware corporation, EQUISTAR CHEMICALS, LP, a Delaware limited partnership, HOUSTON REFINING LP, a Delaware limited partnership, BASELL USA INC., a Delaware corporation, MILLENNIUM CHEMICALS INC., a Delaware corporation, and MILLENNIUM PETROCHEMICALS INC., a Virginia corporation, as Borrowers, each of the foregoing a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code, LYONDELLBASELL INDUSTRIES AF S.C.A., a company existing under the laws of the Grand Duchy of Luxembourg, the LENDERS party hereto, CITIBANK, N.A., as Administrative Agent and Collateral Agent, UBS SECURITIES LLC, as Syndication Agent and CITIBANK, N.A., as Fronting Bank.

AMENDMENT NO. 1 TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • March 7th, 2013 • School Specialty Inc • Wholesale-durable goods

This AMENDMENT NO. 1 TO DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Amendment”) is entered into as of February 27, 2013, by and among WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), SCHOOL SPECIALTY, INC., a Wisconsin corporation (“Parent”), CLASSROOMDIRECT.COM, LLC, a Delaware limited liability company (“ClassroomDirect”), SPORTIME, LLC, a Delaware limited liability company (“Sportime”), DELTA EDUCATION, LLC, a Delaware limited liability company (“Delta Education”), PREMIER AGENDAS, INC., a Washington corporation (“Premier Agendas”), CHILDCRAFT EDUCATION CORP., a New York corporation (“Childcraft”), BIRD-IN-HAND WOODWORKS, INC., a New Jersey corporation (“Bird-In-Hand”), and CALIFONE INTERNATIONAL, INC., a Delaware corporation (“Califone”; Parent, ClassroomDirect, Sportime, Delta Education, Premier Agendas, Childcraft, Bird-In-Hand an

DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of February 5, 2015 by and among RADIOSHACK CORPORATION, as the Borrower, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS CREDIT PARTIES, CANTOR FITZGERALD SECURITIES, as Agent for all Lenders, and...
Possession Credit Agreement • February 11th, 2015 • Radioshack Corp • Retail-radio, tv & consumer electronics stores • New York

This DEBTOR-IN-POSSESSION CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of February 5, 2015, by and among RADIOSHACK CORPORATION, a Delaware corporation (the “Borrower”), the other Persons party hereto that are designated as a “Credit Party”, CANTOR FITZGERALD SECURITIES, as Agent for the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and such Lenders.

DEBTOR-IN-POSSESSION CREDIT AGREEMENT among FAIRPOINT COMMUNICATIONS, INC., FAIRPOINT LOGISTICS, INC., as BORROWERS and as DEBTORS and DEBTORS-IN- POSSESSION, VARIOUS LENDING INSTITUTIONS, as LENDERS, and BANK OF AMERICA, N.A., as ADMINISTRATIVE AGENT...
Possession Credit Agreement • November 20th, 2009 • Fairpoint Communications Inc • Telephone communications (no radiotelephone) • New York

DEBTOR-IN-POSSESSION CREDIT AGREEMENT, dated as of October 27, 2009, among FAIRPOINT COMMUNICATIONS, INC., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (as hereinafter defined)(“FairPoint”), FAIRPOINT LOGISTICS, INC., a South Dakota corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (“Logistics”; Logistics, together with FairPoint, each a “Borrower” and, collectively, the “Borrowers”), the Lenders from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent (in such capacity, together with any successor administrative agent, the “Administrative Agent”).

SENIOR SECURED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • December 18th, 2009 • AbitibiBowater Inc. • Paper mills • New York

SENIOR SECURED SUPERPRIORITY DEBTOR IN POSSESSION CREDIT AGREEMENT (this "Agreement"), dated as of April 21, 2009, by and among ABITIBIBOWATER INC., a Delaware corporation ("Parent"), BOWATER INCORPORATED, a Delaware corporation ("Bowater"), BOWATER CANADIAN FOREST PRODUCTS INC. a Nova Scotia company ("Bowater Canada", and together with the Parent and Bowater, "Borrowers") and each Guarantor, each as debtors and debtors in possession under Chapter 11 of the Bankruptcy Code (as hereinafter defined) and as debtor companies under the CCAA (as hereinafter defined), AVENUE INVESTMENTS, L.P. ("Avenue Investments"), as a Lender, FAIRFAX FINANCIAL HOLDINGS LTD., as a Lender, ("FFH" and together with Avenue Investments, the "Initial Lenders"), the other Lenders party hereto from time to time, and FFH, as administrative agent (in such capacity, the "Administrative Agent") and collateral agent (in such capacity, the "Collateral Agent").

THIRD AMENDMENT TO DEBTOR IN POSSESSION CREDIT AGREEMENT
Possession Credit Agreement • May 6th, 2016 • Magnum Hunter Resources Corp • Crude petroleum & natural gas • New York

THIS THIRD AMENDMENT TO DEBTOR IN POSSESSION CREDIT AGREEMENT (this “Amendment”), effective as of the 1st day of April, 2016 (the “Effective Date”), is entered into by and among MAGNUM HUNTER RESOURCES CORPORATION, a Delaware corporation (the “Borrower”), the Guarantors party hereto, the undersigned Lenders listed on the signature pages hereto, in their capacity as existing Lenders, and Cantor Fitzgerald Securities (in its individual capacity, “Cantor Fitzgerald”), as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings assigned to them in the DIP Credit Agreement referred to below.

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