Examples of ASA Debtors in a sentence
Any Deficiency Claim against the ASA Debtors that is ultimately Allowed shall be a Class 2E Claim.
The Prepetition Lenders shall be permitted to retain expert consultants/financial advisors at the expense of the ASA Debtors, which consultants/advisors shall be given reasonable access for purposes of monitoring the business of the ASA Debtors and the value of the Collateral.
Upon entry of this Interim Order, the Postpetition Agent, for the benefit of the Postpetition Lenders, shall be and shall be deemed to be, without any further action or notice, named as an additional insured on each insurance policy maintained by the ASA Debtors which in any way relates to the Collateral.
The Prepetition Agents shall (to the extent necessary) be authorized (but not required) to file a master proof of claim against the ASA Debtors (a “Master Proof of Claim”) on behalf of themselves and the applicable Prepetition Lenders on account of their respective prepetition claims arising under the Prepetition Financing Documents, and the Prepetition Agents shall not be required to file a verified statement pursuant to Bankruptcy Rule 2019.
Without such funds, the ASA Debtors would not be able to meet their payroll and other direct operating expenses, including the costs of administration of these estates, and carry on their businesses in a manner that would avoid irreparable harm to the ASA Debtors’ estates.
An immediate and critical need exists for the ASA Debtors to obtain the DIP Financing and use Cash Collateral in order to continue the operation of their businesses.
Pursuant to the Prepetition Credit Agreement and other Prepetition Financing Documents, the ASA Debtors were, as of the Petition Date, indebted to the Prepetition Agents and the Prepetition Lenders for the aggregate principal amount of the Prepetition Indebtedness (as defined below) of not less than $262,200,000, excluding accrued but unpaid interest, costs, fees and expenses.
No waiver or modification of any of the provisions, terms or conditions in this Interim Order or the DIP Financing Term Sheet may be effectuated, except by written and signed agreements between the Postpetition Agent and the ASA Debtors.
Upon the full satisfaction of the obligations under the DIP Revolving Facility, excess proceeds, if any, shall be immediately turned over to the ASA Debtors for the pro rata reduction of obligations under the Prepetition Credit Agreement in accordance with its terms and conditions, so long as the Prepetition Indebtedness and/or Prepetition Liens are not then subject to a Challenge (as defined herein) or have not been invalidated pursuant to a final and non-appealable order.
The obligations of the ASA Debtors in respect of the DIP Revolving Facility or the Final DIP Agreement shall not be discharged by the entry of an order confirming a chapter 11 plan in any Case and, pursuant to section 1141(d)(4) of the Bankruptcy Code, the ASA Debtors have waived such discharge of their obligations thereunder.