DIP Lender Winddown Order definition

DIP Lender Winddown Order means the Agreed Order, Pursuant to Sections 105, 361, 362 and 363 of the Bankruptcy Code, Bankruptcy Rules 2002, 4001, 9014 and 9019 and Local Bankruptcy Rule 4001-2 Approving (A) Winddown Funding for the Debtors' Estates and (B) Related Matters entered by the Bankruptcy Court on November 19, 2009 (Docket No. 5982) establishing, among other things, the terms and conditions of the use of the Liquidation Funds. A copy of the DIP Lender Winddown Order is attached hereto as PlanExhibit X.A.82.
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DIP Lender Winddown Order means the Agreed Order, Pursuant to Sections 105, 361, 362 and
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Examples of DIP Lender Winddown Order in a sentence

  • For the avoidance of doubt, the Liquidation Trust shall not use any of the DIP Collateral or the proceeds thereof to pay any Liquidation Trust Expenses except as provided herein, in the Winddown Budget or in the DIP Lender Winddown Order or as otherwise agreed in writing by the Government DIP Lenders.

  • Notwithstanding anything to the contrary in the Plan or the DIP Lender Winddown Order, with the written agreement of each of the Government DIP Lenders, (i) any excess amount in a Trust Account after such account is used for its designated purpose or (ii) any net proceeds of DIP Non-Liquidation Funds Collateral, may be transferred to another Liquidation Account.

  • The Debtors are authorized to use the Liquidation Funds, consistent with purposes of the Trust Accounts and the DIP Lender Winddown Order, to administer and liquidate the DIP Collateral in accordance with the requirements, conditions and restrictions of bankruptcy law and other applicable law.

  • The First Lien Winddown Order also (a) provides for the extinguishment of the Creditors' Committee's Challenge Rights consistent with the agreements of the parties as further set forth in the DIP Lender Winddown Order; (b) extinguishes any First Lien Superpriority Claims; and (c) establishes certain funding arrangement with respect to the Creditors' Committee's litigation expenses in the Daimler Litigation.

  • As to the Car Proceeds, the DIP Lender Winddown Order acknowledges that 80% of the Car Proceeds will promptly be indefeasibly paid by the Debtors to the First Lien Agent pursuant to the First Lien Winddown Order and provides that the Remaining Share will be treated as described below.

  • In accordance with the DIP Lender Winddown Order, on December 9, 2009, the Debtors filed with the Bankruptcy Court a notice (Docket No. 6066) identifying certain of the amounts set forth above.

  • The DIP Lender Winddown Order also addresses the treatment of the Daimler Litigation, the proceeds of which constitute part of the DIP Collateral and would not be available to the Debtors' Estates unless and until the obligations under the DIP Credit Agreement are paid and satisfied in full.

  • On the Effective Date of the Plan, consistent with the terms of the DIP Lender Winddown Order, these Trust Accounts will be transferred to the Liquidation Trust.

  • See Section V.I (Winddown Agreements with the Government DIP Lenders, the First Lien Lenders and the Creditors' Committee); see also the First Lien Winddown Order at ¶ 9 and the DIP Lender Winddown Order (as defined below) at ¶ 15.

  • The First Lien Winddown Order, in conjunction with the DIP Lender Winddown Order, resolves any potential disputes with respect to the validity of the security interests in and liens on the Company Cars by distributing 80% of the net proceeds from the sale or other disposition of such collateral (the "Car Proceeds") to the First Lien Lenders, and providing that the remaining 20% of the Car Proceeds (the "Remaining Share") will be treated under the terms of the DIP Lender Winddown Order.

Related to DIP Lender Winddown Order

  • DIP Lender means a lender under the DIP Facility.

  • Confirmation Order means the order of the Bankruptcy Court confirming the Plan pursuant to section 1129 of the Bankruptcy Code.

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

  • Exit Facility Agent means the agent under the Exit Facility.

  • DIP Facility means the debtor-in-possession secured financing facility provided to the Debtors by the DIP Lenders pursuant to the DIP Credit Agreement as authorized by the Bankruptcy Court pursuant to the DIP Facility Order.

  • Revolving Loan Facility means the credit facility or portion thereof established by Lender in favor of Borrower for the purpose of providing working capital in the form of loans and/or Letters of Credit to finance the manufacture, production or purchase and subsequent export sale of Items pursuant to Loan Documents under which Credit Accommodations may be made and repaid on a continuous basis based solely on credit availability on the Export-Related Borrowing Base during the term of such credit facility

  • Sanction Order means the Court Order to be sought by the Participating CCAA Parties from the Court as contemplated under the Plan which, inter alia, approves and sanctions the Plan and the transactions contemplated thereunder, pursuant to section 6(1) of the CCAA, substantially in the form of Schedule “E” or otherwise in form and content acceptable to the Participating CCAA Parties, the Monitor and the Parent, in each case, acting reasonably;

  • Exit Facility Lenders means each of the lenders under the Exit Facility Credit Agreement, solely in their respective capacities as such.

  • Term Loan Facility means the Term Loan Commitments and the provisions herein related to the Term Loans.

  • DIP Lenders has the meaning assigned to such term in Section 2.05(b).

  • Final Financing Order means, the order of the Bankruptcy Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) or such other procedures as approved by the Bankruptcy Court, which order shall be in form and substance reasonably satisfactory to the Agent and from which no appeal or motion to reconsider has been filed, together with all extensions, modifications and amendments thereto, in form and substance satisfactory to the Agent and the Required Lenders, which, among other matters but not by way of limitation, authorizes the Loan Parties to obtain credit, incur the Obligations, and grant Liens under this Agreement and the other Loan Documents, as the case may be, and provides for the super-priority of the claims of the Agent and Lenders, subject to the Carve- Out and Permitted Prior Liens.

  • Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.

  • PPP Lender means JPMorgan Chase Bank, N.A.

  • DIP Loan means a Bank Loan, whether revolving or term, that is originated after the commencement of a case under Chapter 11 of the Bankruptcy Code by a Portfolio Company, which is a debtor in possession as described in Section 1107 of the Bankruptcy Code or a debtor as defined in Section 101(13) of the Bankruptcy Code in such case (a “Debtor”) organized under the laws of the United States or any state therein and domiciled in the United States, which satisfies the following criteria: (a) the DIP Loan is duly authorized by a final order of the applicable bankruptcy court or federal district court under the provisions of subsection (b), (c) or (d) of 11 U.S.C. Section 364; (b) the Debtor’s bankruptcy case is still pending as a case under the provisions of Chapter 11 of Title 11 of the Bankruptcy Code and has not been dismissed or converted to a case under the provisions of Chapter 7 of Title 11 of the Bankruptcy Code; (c) the Debtor’s obligations under such loan have not been (i) disallowed, in whole or in part, or (ii) subordinated, in whole or in part, to the claims or interests of any other Person under the provisions of 11 U.S.C. Section 510; (d) the DIP Loan is secured and the Liens granted by the applicable bankruptcy court or federal district court in relation to the Loan have not been subordinated or junior to, or pari passu with, in whole or in part, to the Liens of any other lender under the provisions of 11 U.S.C. Section 364(d) or otherwise; (e) the Debtor is not in default on its obligations under the loan; (f) neither the Debtor nor any party in interest has filed a Chapter 11 plan with the applicable federal bankruptcy or district court that, upon confirmation, would (i) disallow or subordinate the loan, in whole or in part, (ii) subordinate, in whole or in part, any Lien granted in connection with such loan, (iii) fail to provide for the repayment, in full and in cash, of the loan upon the effective date of such plan or (iv) otherwise impair, in any manner, the claim evidenced by the loan; (g) the DIP Loan is documented in a form that is commercially reasonable; and (h) the DIP Loan shall not provide for more than 50% (or a higher percentage with the consent of the Required Lenders) of the proceeds of such loan to be used to repay prepetition obligations owing to all or some of the same lender(s) in a “roll-up” or similar transaction. For the purposes of this definition, an order is a “final order” if the applicable period for filing a motion to reconsider or notice of appeal in respect of a permanent order authorizing the Debtor to obtain credit has lapsed and no such motion or notice has been filed with the applicable bankruptcy court or federal district court or the clerk thereof.

  • Final Cash Collateral Order means the Final Order (I) Authorizing Use of Cash Collateral, (II) Granting Adequate Protection, (III) Modifying the Automatic Stay to Permit Implementation, and (IV) Granting Related Relief [Docket No. 988] entered by the Bankruptcy Court on March 25, 2015, including all stipulations related thereto.

  • Credit Facility Agent means the then acting Agent as defined in and under the Credit Facility or any successor thereto.

  • Medication order means a written or verbal order from a

  • Loan Facility means the Revolving Loan Facility, the Transaction Specific Loan Facility or the Transaction Specific Revolving Loan Facility established by Lender in favor of Borrower under the Loan Documents.

  • Second Lien Loan Documents means the Second Lien Credit Agreement and the other “Loan Documents” as defined in the Second Lien Credit Agreement.

  • First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.

  • Second Lien Administrative Agent means the “Administrative Agent” as defined in the Second Lien Credit Agreement.

  • Second Lien Facility means the second lien term loan facility under the Second Lien Credit Agreement.

  • Revolving Loan Notes means with respect to any Borrower the promissory notes of such Borrower in favor of each Lender evidencing the Revolving Loans made to such Borrower and substantially in the form of Exhibit 2.7(a), as such promissory notes may be amended, modified, supplemented or replaced from time to time.

  • Majority Revolving Credit Facility Lenders the Majority Facility Lenders in respect of the Revolving Credit Facility.

  • Term Loan Administrative Agent means Bank of America, in its capacity as administrative agent under the Term Loan Credit Agreement, and its successors and assigns in such capacity.

  • Term Loan Notes means the promissory notes of the Borrower (if any) in favor of any of the Term Loan Lenders evidencing the portion of the Term Loan provided by any such Term Loan Lender pursuant to Section 2.2(a), individually or collectively, as appropriate, as such promissory notes may be amended, modified, extended, restated, replaced, or supplemented from time to time.