Prepetition First Lien Debt definition
Examples of Prepetition First Lien Debt in a sentence
The Borrower will use the proceeds of the Loans only as provided in Section 8.08, provided that the proceeds of the Refinancing Loans shall only be used to refinance the Prepetition First Lien Debt and any fees, costs and expenses incurred in connection therewith.
Notwithstanding the foregoing, proceeds of the Refinancing Loans shall only be used to refinance the Prepetition First Lien Debt and to pay costs, fees and expenses in connection therewith.
Failure of (a) the refinancing of the Prepetition First Lien Loans to be approved in the Final Order within 30 days after the Petition Date and (b) all Prepetition First Lien Debt under the Prepetition First Lien Loan Agreement to be indefeasibly repaid in full in cash within five (5) days after the entry of the Final Order.
Upon entry of the Final Order, the Debtors are authorized and directed to borrow $25 million principal amount of the DIP Loan and use the proceeds thereof, together with Cash Collateral, to refinance in full the Prepetition First Lien Debt.
For the avoidance of doubt and notwithstanding anything to the contrary herein or in any intercreditor agreement, the Credit Documents, or in any of the documents evidencing Prepetition Debt, the Carve Out shall be senior to all Liens and claims securing the Term Facility, and any and all other forms of adequate protection, liens or claims securing the Term Facility or the obligations under the Prepetition First Lien Debt, including the Primed Liens.
The refinancing of the Prepetition First Lien Debt as provided herein, and the DIP Loan made to fund such payment, shall constitute part of the DIP Loan.
The Borrower and its Subsidiaries shall use Cash Collateral and funds released from the Advance Account solely (i) to pay costs and expenses in accordance with the Approved Budget, (ii) to make payments to the Lenders and the Agent required pursuant to this Agreement and the other Credit Documents and (iii) to refinance and indefeasibly repay in cash the Prepetition First Lien Debt.