Examples of New First Lien Term Loan Agreement in a sentence
On the Effective Date, without any requirement of further action by security holders or directors of the Debtors, each of the Reorganized Debtors shall be authorized to enter into the New First Lien Term Loan Agreement, as well as any notes, documents or agreements in connection therewith, including, without limitation, any documents required in connection with the creation or perfection of the liens on collateral securing the New First Lien Term Loan.
The Reorganized Debtors’ obligations under the New First Lien Term Loan Agreement will be secured by a first lien on substantially all of the assets of the Reorganized Debtors.
If the Reorganized Debtors are unable to repay amounts outstanding under either or both of the New First Lien Term Loan Agreement and/or the New Second Lien Term Loan Agreement when due, the lenders thereunder could, subject to the terms of the New First Lien Term Loan Agreement, the New Second Lien Term Loan Agreement and the New Intercreditor Agreement, seek to foreclose on the collateral that is pledged to secure the indebtedness outstanding under such facility.
In addition, it is expected that the New First Lien Term Loan Agreement and the New Second Lien Term Loan Agreement will require the Reorganized Debtors to meet certain financial covenants, including relating to the performance of Makena®.
Section 11.2 of the Plan contains various conditions to consummation of the Plan, including the Confirmation Order having become final and non-appealable, and entry into the New First Lien Term Loan Agreement and the New Second Lien Term Loan Agreement.
As a result of these covenants, the Reorganized Debtors will be limited in the manner in which they conduct their business and they may be unable to engage in favorable business activities or finance future operations or capital needs.Any failure to comply with the restrictions of the New First Lien Term Loan Agreement and/or the New Second Lien Term Loan Agreement or any other subsequent financing agreements may result in an event of default.
The Reorganized Debtors’ obligations under certain financing agreements, including, but not limited to, the New ABL Credit Agreement, the New First Lien Term Loan Agreement and, if applicable, the Incremental Facility, will be secured by liens on substantially all of the assets of the Reorganized Debtors (subject to certain exclusions set forth therein).
The New First Lien Term Loan Agreement likely will contain various covenants that may limit the discretion of the Reorganized Debtors’ management by restricting the Reorganized Debtors’ ability to, among other things, incur additional indebtedness, incur liens, pay dividends or make certain restricted payments, consummate certain asset sales, enter into certain transactions with affiliates, merge, consolidate and/or sell or dispose of all or substantially all of their assets.
In addition, it is expected that the New First Lien Term Loan Agreement will require the Reorganized Debtors to meet certain financial covenants.
Section 11.2 of the Plan contains various conditions to consummation of the Plan, including the Confirmation Order having become final and non-appealable, the Debtors having entered into the Plan Documents (including, without limitation, the New First Lien Term Loan Agreement), and all conditions precedent to effectiveness of such agreements having been satisfied or waived.