Debtors has the meaning set forth in the Recitals.
Reorganized Debtors means the Debtors on and after the Effective Date.
Subsidiary Debtors means, collectively, Congoleum Sales, Inc. and Congoleum Fiscal, Inc.
Unsecured Creditors means all Creditors with Concurrent Claims against the Company;
Reorganized Debtor means a Debtor, or any successor or assign thereto, by merger, consolidation, or otherwise, on and after the Effective Date.
Prepetition means arising or accruing prior to the Petition Date.
Non-Debtor Affiliate means any Affiliate of the Debtors that is not a Debtor in the Chapter 11 Cases.
First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.
Account Debtors mean all Persons who are obligated on the Receivables.
Non-Debtor Subsidiaries means all direct and indirect subsidiaries of any Debtor that are not Debtors in the Chapter 11 Cases.
Subordinated Liabilities means liabilities subordinated to Borrower’s obligations to Lender in a manner acceptable to Lender in its sole discretion.
Second Lien Noteholders means the holders of Second Lien Notes.
Unsecured Claims means claims which are not secured by any property of the Debtor’s Estate and which are not part of any other class defined in this Plan.
First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.
EME means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;
Prepetition Lenders means those lenders party to the Prepetition Credit Agreement from time to time.
Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.
Prepetition Collateral shall have the meaning provided in Section 3.1(b).
Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;
Consumer debtor means a debtor in a consumer transaction.
First Lien With respect to any second lien Mortgage Loan, the mortgage loan relating to the corresponding Mortgaged Property having a first priority lien.
Prepetition Agent means Goldman Sachs Bank USA in its capacity as administrative agent and collateral agent under the Prepetition Credit Agreement.
Unsecured Creditor means the holder of an Unsecured Claim.
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.
DIP Lenders has the meaning assigned to such term in Section 2.05(b).
Senior Higher Priority Liabilities means any obligations in respect of principal of the Issuer under any Notes and any other unsecured and unsubordinated obligations (créditos ordinarios) of the Issuer, other than the Senior Non Preferred Liabilities; and