Examples of Final DIP Financing Order in a sentence
On December 24, 2009, BNY filed a motion for the allowance and payment of a section 507(b) superpriority administrative expense claim (the “507(b) Motion”), asserting that the adequate protection granted to BNY pursuant to the Final DIP Financing Order failed, and that the resulting diminution in BNY’s secured claim created an entitlement to a superpriority claim in an amount not less than $361.5 million.
The Final DIP Financing Order granted security interests to the DIP Lenders that are senior to the preexisting security interests of the Senior Secured Credit Facility, the Bridge Loan Agreement, the ARCO Notes and the Equistar Notes (the prepetition secured debts hereinafter collectively, the “Primed Debt,” and the prepetition secured lenders hereinafter collectively, “Primed Parties”).
On a weekly basis, cash in excess of the €200 million limit must be transferred to Lyondell Chemical, provided that the excess is at least €5 million.compliance with certain liquidity standards set forth in the Final DIP Financing Order, and (iv) certain other benefits.57 The Bankruptcy Court reserved the rights of the Primed Parties to request additional adequate protection if necessary.
All amounts owed by the Debtors with respect to the DIP Roll-Up Loans will rank junior in priority to the DIP New Money Loans and may, subject to the terms and conditions of the DIP Term Loan Facility and the Final DIP Financing Order, be paid over time after the Effective Date.
However, the Bankruptcy Court advised that, prior to the next scheduled hearing in the case, the parties should explore the possibility of mutually resolving the case.K. The Committee Litigation and Settlement On June 15, 2009, as specifically contemplated by the Final DIP Financing Order, the Creditors’ Committee filed a motion to obtain standing to pursue various claims and actions on behalf of the Debtors’ estates (the “Standing Motion”).