Superpriority DIP Claims definition
Examples of Superpriority DIP Claims in a sentence
Subject to the terms and conditions set forth herein, the DIP Liens, Superpriority DIP Claims, Prepetition Liens, Adequate Protection Liens and Adequate Protection Claims shall be subject to the payment of the Carve Out.
The Junior Superpriority DIP Claims shall, for purposes of section 1129(a)(9)(A) of the Bankruptcy Code, be considered administrative expenses allowed under section 503(b) of the Bankruptcy Code, shall be against each Debtor on a joint and several basis.
The Senior Superpriority DIP Claims shall, for purposes of section 1129(a)(9)(A) of the Bankruptcy Code, be considered administrative expenses allowed under section 503(b) of the Bankruptcy Code, shall be against each Debtor on a joint and several basis.
The Superpriority DIP Claims shall have recourse against each of the Debtors on a joint and several basis, and shall be payable from and have recourse to all DIP Collateral.
Postpetition financing is not otherwise available without granting each DIP Agent, for the benefit of itself and the respective DIP Secured Parties: (1) the DIP Liens (as defined below) on all DIP Collateral, as set forth herein; (2) the Superpriority DIP Claims (as defined below); and (3) the refinancing of the Prepetition RBL Obligations as set forth herein and the other protections set forth in this Interim Order.
The Superpriority DIP Claims will, at all times during the period that the DIP Loans remain outstanding and have not otherwise been indefeasibly paid in full or rolled into the New First Lien Term Loans on the Plan Effective Date, each as described in the section entitled “Maturity”, remain senior in priority to all other claims or administrative expenses, subject only to the Carve Out.
The Superpriority DIP Claims shall have recourse against each of the Debtors on a joint and several basis, and shall be payable from and have recourse to all DIP Collateral (subject to the terms of the DIP Orders).
The holders of Exiting Term Loan Claims shall receive adequate protection consisting of (i) reporting in form and substance reasonably acceptable to the Term Lenders, (ii) post-petition replacement liens (junior to the DIP Liens), (iii) superpriority claims (junior to the Superpriority DIP Claims) and (iv) payment of reasonable professional fees.
The Superpriority DIP Claims will, at all times during the period that the DIP Loans remain outstanding, remain senior in priority to all other claims or administrative expenses, including without limitation any claims allowed pursuant to the obligations under or in connection with the Credit Agreement, subject only to the payment in full in cash of the Carve-Out.