Examples of Pre-Petition Term Agent in a sentence
Additionally, the DIP Agent, DIP Lenders, the Pre-Petition Term Agent, and the Pre-Petition Term Loan Lenders shall be third party beneficiaries with respect to those provisions of this Agreement that expressly reference them.
Within thirty (30) days after the end of the Sale Term, or as soon as practicable thereafter, Agent, Buyer, and Merchant shall (in reasonable consultation with the DIP Agent and the Pre-Petition Term Agent) complete a final reconciliation of the Sale (the “Final Reconciliation”), the written results of which shall be certified by representatives of each of the Merchant, Buyer, and Agent as a final settlement of accounts between the Merchant, Buyer and Agent.
Neither the Pre-Petition ABL Agent nor Pre-Petition Term Agent shall be required to amend a proof of claim or a Master Proof of Claim filed by it to reflect a change in the holder of a claim set forth therein or a reallocation among such holders of the claims asserted therein and resulting from the transfer of all or any portion of such claims.
The Pre-Petition Term Agent and Pre- Petition Term Lenders shall be entitled to the same reporting, notification and other information rights as the Term DIP Creditor Parties under the Term DIP Financing Documents.
Neither the Pre-Petition ABL Agent nor Pre-Petition Term Agent shall be required to file with a Master Proof of Claim any instruments, agreements or other documents evidencing the obligations owing by any Debtor to any Pre-Petition Credit Party, which instruments, agreements or other documents will be provided upon written request to counsel for Pre-Petition ABL Agent or Pre-Petition Term Agent, as applicable.
To the extent Pre-Petition ABL Agent and/or Pre-Petition Term Agent is listed as loss payee under any Debtor’s insurance policies, ABL DIP Agent and/or Term DIP Agent shall also deemed to be the loss payee under such Debtor’s insurance policies and, subject to the Intercreditor Agreement and this Interim Order, shall act in that capacity and distribute any proceeds recovered or received in respect of any such insurance policies.
Parres; counsel for Term DIP Agent, and Pre-Petition Term Agent, Kaye Scholer LLP, 70 W.
At the conclusion of the Sale at each Store, Agent agrees to leave each Store in “broom clean” condition, ordinary wear and tear excepted, except for (i) all FF&E located in the Continuing Stores shall be left in place for the benefit the Buyer and (ii) unsold items of Designated F&E and other assets or property of the Merchant or Buyer, as applicable, which may (upon notice to the Pre-Petition Term Agent ) be abandoned by Agent in place in a neat and orderly manner pursuant to Section 7 below.
Merchant, Buyer and the DIP Agent and the Pre-Petition Term Agent shall have the right to monitor the Sale and activities attendant thereto and to be present in the Stores during the hours when the Stores are open for business; provided that Merchant’s, Buyer’s and or the DIP Agent’s and Pre-Petition Term Agent’s presence does not unreasonably disrupt the conduct of the Sale.
In the event that the Debtors do not comply with any of the Plan Milestones (as determined in the respective sole discretion of the Term DIP Agent (or, following the Full Payment of all Term DIP Obligations, the Pre-Petition Term Agent) and the ABL DIP Agent (or, following the Full Payment of all Obligations under the ABL DIP Facility without the Full Payment of the Pre-Petition ABL Debt, the Pre- Petition ABL Agent), filing of the Upstream Sale Motion within five (5) Business Days of such non-compliance.