Post-Petition Liabilities means all Liabilities (as defined in the Existing Loan Agreement) arising on or after the Petition Date, and whether arising on or after the conversion or dismissal of the Chapter 11 Case, or before, during and after the confirmation of any plan of reorganization in the Chapter 11 Case, and whether arising under or related to this Ratification Agreement, the Loan Agreement, the other Loan Documents, a Financing Order, by operation of law or otherwise, and whether incurred by Borrower as principal, surety, endorser, guarantor or otherwise and including, without limitation, all principal, interest, financing charges, letter of credit fees, unused line fees, servicing fees, line increase fees, debtor-in-possession facility fees, early termination fees, other fees, commissions, costs, expenses and attorneys, accountants and consultants fees and expenses incurred in connection with any of the foregoing.
Examples of Post-Petition Liabilities in a sentence
Any such fees and expenses not objected to within such seven (7) day period shall be added to the Post-Petition Liabilities and shall be payable in accordance with the terms of the Loan Documents.
At the Closing, Buyer will pay, by wire transfer of immediately available funds to an account designated by the Plan Trustee, an amount equal to $673,000 for settlement by the Plan Trustee of any and all Post-Petition Liabilities (the "Liability Payment"), except for the Chargebacks (defined below).
All references to the term Liabilities in the Loan Agreement, this Ratification Agreement or the other Loan Documents shall be deemed, and each such reference is hereby amended, to mean both the Pre-Petition Liabilities and the Post-Petition Liabilities.
Sellers will pay, as they become due, all Post-Petition Liabilities that relate in any way to the Sale Assets or any assets, including without limitation the Real Property Leases, necessary for the Business to continue to operate in the ordinary course following the Petition Date.
Notwithstanding anything to the contrary in the Loan Documents, all limits and sublimits set forth in the Loan Agreement, and any formula or other provision to which a limit or sublimit may apply, shall be determined on an aggregate basis considering together both the Pre-Petition Liabilities and the Post-Petition Liabilities.