Examples of DIP Facility Liens in a sentence
The Adequate Protection Liens are (a) subject only to (i) existing liens and encumbrances that were senior to those of Laurus as of the Filing Date under applicable non-bankruptcy law, and which are valid, binding, enforceable, perfected and non-avoidable liens existing in the Pre-Petition Collateral as of the Petition Date (the “Permitted Liens”), other than the Pre-Petition Liens; (ii) the Carve-Out (as defined in paragraph 15); and (iii) the DIP Facility Liens.
All possessory collateral held by the Prepetition Agent shall be subject to the DIP Facility Liens and deemed to be possessory collateral held by the DIP Agent and otherwise disbursed in accordance with the terms of this Final Order.
Specifically, only the following pre-Effective Date Liens, Claims, interests, rights, covenants, agreements, terms and conditions as are provided for herein shall be retained and be binding upon the Reorganized Debtor and/or the Litigation Trust after the Effective Date: (i) the Exit Facility Liens and DIP Facility Liens; (ii) Liens as otherwise as provided for in the Plan, if any; and (iii) Liens as may exist under and in connection with any assumed Executory Contract or Unexpired Lease.
Any Person or Entity holding such Liens, Claims or interests will, pursuant to section 1142 of the Bankruptcy Code and in the case of any DIP Facility Liens at the sole cost and expense of the Reorganized Debtors, promptly execute and deliver to the Reorganized Debtors such instruments of termination, release, satisfaction and/or assignment (in recordable form) as may be reasonably requested by the Reorganized Debtors.
New credit is unavailable to Debtors without (a) providing the DIP Lender (i) the DIP Facility Superpriority Claims and (ii) the DIP Facility Liens as provided herein and in the DIP Facility Documents, and providing for the Adequate Protection of the Prepetition Secured Parties’ interests in the Prepetition Collateral on the terms and conditions as set forth herein.
In addition, except to the extent otherwise expressly set forth in this Order, or in a written instrument, agreement or other document executed by DIP Lender and subject to paragraph 23 of this Order, neither the Pre-Petition Liens nor the DIP Facility Liens shall be subject to subordination to any other liens, security interests or claims under Section 510 of the Bankruptcy Code, or otherwise.
Any security interest or lien upon the Pre-Petition Collateral or the DIP Facility Collateral which is avoided or otherwise preserved for the benefit of the Debtors’ estates under Section 551 or any other provision of the Bankruptcy Code shall be subordinate to the Pre-Petition Liens, the DIP Facility Liens and the Senior Adequate Protection Liens (defined in paragraph 8(a) below).
In the event of the occurrence of an Event of Default (as defined below), or an event which, with the giving of notice or the lapse of time or both, would constitute an Event of Default (a “ Default”), the DIP Facility Liens shall be subject only to the payment of the Carve-Out (as defined below).
The Prepetition Lenders have not objected to their Prepetition Liens being primed by the DIP Facility Liens and to the grant of superpriority administrative expense claims to the DIP Lender.
Each of the creditors holding prepetition security interests in the property whose interests will be subordinated to the DIP Facility Liens either have consented to such subordination or their interests will be adequately protected.