Examples of DIP Lenders in a sentence
This includes, subject to any limits under applicable law, all fees and expenses payable pursuant to Section 1.3 of this Agreement, DIP Lender's attorneys' fees and legal expenses, whether or not there is a lawsuit, including all Bankruptcy Case Costs (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services.
Borrower or one of its Subsidiaries may be the nominal party in such proceeding, but DIP Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of DIP Lender's own choice, and Borrower and its Subsidiaries, will deliver, or cause to be delivered, to DIP Lender such instruments as DIP Lender may request from time to time to permit such participation.
If any Event of Default shall occur, at DIP Lender's option, all DIP Revolver Commitments and obligations of DIP Lender under this Agreement or the Related Documents or any other agreement between DIP Lender and Borrower immediately will terminate and all DIP Loans immediately will become due and payable, all without notice of any kind to Borrower.
In addition to any rights provided for herein, DIP Lender shall be permitted to have an audit performed on Borrower's and its Subsidiaries' books and records and appraisals performed on the assets of Borrower and its Subsidiaries; in each case, from time to time, at DIP Lender's election, with auditors and appraisers reasonably satisfactory to DIP Lender at Borrower's and its Subsidiaries' sole expense.
All warranties, representations, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to DIP Lender under this Agreement shall be considered to have been relied upon by DIP Lender and will survive the making of the DIP Loans and delivery to DIP Lender of the Related Documents, regardless of any investigation made by DIP Lender or on DIP Lender's behalf.