Examples of Backstop DIP Lenders in a sentence
In addition to the initial procedural and operational relief described above, to continue operating during and fund the Chapter 11 Cases, on the Petition Date, the Debtors plan to seek the Bankruptcy Court’s approval to obtain debtor in possession financing provided by certain of the Debtors’ Noteholders and fully backstopped by the Backstop DIP Lenders.
If the Administrative Agent resigns or is removed by the Backstop DIP Lenders under this Agreement, the Backstop DIP Lenders shall appoint a successor agent for the Lenders, which appointment of a successor agent, if such successor agent is an Ineligible Person, shall require the consent of the Borrower.
As noted above, the Backstop DIP Lenders have committed, subject to certain terms and conditions, including approval of the DIP Facility by the Bankruptcy Court, to backstop(11) The liens securing the DIP Facility shall also be subject to the Carve-Out.
Funding Conditions, Representations, Warranties, Covenants, Prepayments: DIP Documentation to contain conditions to funding, reporting requirements and provision of financial statements, representations, warranties, covenants, and prepayments customary for financings of this type and other terms as agreed to by the Loan Parties and the Backstop DIP Lenders.
Payment of the costs and expenses of the Indenture Trustee for the Senior Notes, and the Backstop DIP Lenders, including, without limitation, the professional fees and expenses of Fried, Frank, Harris, Xxxxxxx and Xxxxxxxx LLP.
In addition, unless otherwise agreed to by the Backstop DIP Lenders, Holders of DIP Claims will receive the DIP Equity Distribution.
The Administrative Agent, the Backstop DIP Lenders and the other Lenders shall give the Borrower the opportunity to participate in any discussions with the Borrower’s independent public accountants to the extent reasonably feasible.
In addition, the Borrower agrees to continue to provide the Communications to the Administrative Agent and the Backstop DIP Lenders in the manner specified in the Loan Documents but only to the extent requested by the Administrative Agent or the Backstop DIP Lenders, as applicable.
As part of the transactions contemplated by the Plan, the Backstop DIP Lenders have committed, subject to certain terms and conditions, to lend amounts under the DIP Facility to the extent other eligible Holders of Notes do not elect to participate in the DIP Facility.
The Borrower will use the proceeds of the Loans solely to fund the working capital needs and general corporate purposes of the Borrower and its Subsidiaries (including, without limitation, costs related to the Cases) and for such other purposes as agreed by the Borrower and the Backstop DIP Lenders, in each case Consistent with the Approved Budget and in accordance with the Orders.