Debtors has the meaning set forth in the Recitals.
Reorganized Debtors means the Debtors on and after the Effective Date.
UCA means Utah State Code Annotated 1953 as amended.
Reorganized Debtor means a Debtor, or any successor or assign thereto, by merger, consolidation, reorganization, or otherwise, in the form of a corporation, limited liability company, partnership, or other form, as the case may be, on and after the Effective Date.
Prepetition means arising or accruing prior to the Petition Date.
Reorganized means, with respect to the Debtors, any Debtor or any successor thereto, by merger, consolidation or otherwise, on or after the Effective Date.
DIP Motion means the motion filed by the Debtors seeking entry of the DIP Orders.
DIP Lenders has the meaning assigned to such term in Section 2.05(b).
First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.
Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.
New debtor means a person that becomes bound as debtor under section 9203(4) by a security agreement previously entered into by another person.
Second Lien Claimholders means, at any relevant time, the holders of Second Lien Obligations at that time, including the Second Lien Lenders and the agents under the Second Lien Loan Documents.
Reorganized Company means the Company, as reorganized pursuant to and under the Plan, on and after the Effective Date, or any successor or assign thereof.
Second Lien With respect to each Mortgaged Property, the lien of the mortgage, deed of trust or other instrument securing a Mortgage Note which creates a second lien on the Mortgaged Property.
Non-Debtor Subsidiaries means all direct and indirect subsidiaries of any Debtor that are not Debtors in the Chapter 11 Cases.
Postpetition means arising or accruing on or after the Petition Date and before the Effective Date.
Prepetition Lenders means the lenders party to the Prepetition Credit Agreement.
Non-Debtor Affiliate means any Affiliate of the Debtors that is not a Debtor in the Chapter 11 Cases.
First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.
Prepetition Collateral shall refer to (i) all of the Borrower’s personal property upon which a security interest may be granted under the Uniform Commercial Code, (ii) all of the Borrower’s real property, (iii) all of the Borrower’s assets in or upon which a lien or other security interest has otherwise been granted in favor or for the benefit of the Prepetition Agent and the Prepetition Lenders in connection with, pursuant to, or under, the Prepetition Credit Agreement and the other Prepetition Financing Documents, and (iv) any of the Borrower’s assets otherwise held by the Prepetition Agent or any Prepetition Lender or otherwise provided to the Prepetition Agent or any Prepetition Lender as security for the Prepetition Indebtedness, in each case that existed as of the Petition Date or at any time prepetition and, subject to section 552 of the Bankruptcy Code, postpetition proceeds, products, offspring, rents and profits of all of the foregoing.
Senior Agent has the meaning specified therefor in the Recitals hereto.
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.
Subsidiary Debtors means, collectively, Congoleum Sales, Inc. and Congoleum Fiscal, Inc.
Second Lien Agent means the “Agent” under and as defined in the Second Lien Credit Agreement.
First Lien Claimholders means, at any relevant time, the holders of First Lien Obligations at that time, including the First Lien Lenders and the agents under the First Lien Loan Documents.
DIP means debtor-in-possession.