Examples of TCEH DIP Agent in a sentence
CONCLUSION For all the foregoing reasons, the TCEH DIP Agent respectfully requests that the Court (i) overrule the Objections, (ii) grant the DIP Motion and enter the Final Order, and(iii) grant such other and further relief as the Court may deem just.
Accordingly, for the reasons set forth herein, the TCEH DIP Agent respectfully submits that the Court should defer to the TCEH Debtors’ business judgment in entering into the DIP Facility, approve the DIP Facility on a final basis, and overrule the Objections in their entirety.
However unfair it might appear to unsecured creditors that the DIP Obligations may, in part, be satisfied out of the unencumbered property, the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers will have earned the right to determine how to best recover on their secured claims after lending the TCEH Debtors’ estates up to $4.475 billion to fund these Cases.
The Creditors’ Committee’s demands to take the benefits of the DIP Facility, while rejecting its burdens, should not be countenanced.10 Accordingly, the TCEH DIP Agent respectfully requests that the Court overrule the remaining objections.
Even if Adams was factually on all fours with the circumstances here, which the TCEH DIP Agent respectfully submits is not the case, the court in Adams did not consider the propriety of granting postpetition liens on the proceeds of avoidance actions to prepetition lenders, let alone to DIP lenders.
Indeed, while the Objectors contest the propriety of the adequate protection payments and, thereby, the magnitude of the DIP Facility, the Objectors nowhere suggest that the economic protections provided to the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers are anything but fair, reasonable, and the product of arm’s length negotiations.
The ability of the Objectors to impose the doctrine of marshaling on the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers should not rise and fall on the projected recoveries of unsecured creditors.Whether unsecured creditors are in or out of the money is entirely irrelevant to this determination.
The TCEH DIP Agent is, of course, hopeful that the DIP Facility is over-collateralized as the TCEH Debtors assert.
The Objectors instead appeal to their myopic definition of “fairness,” contending that, without invoking the doctrine of marshaling, the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers will be able to liquidate, in a downside scenario, the unencumbered property first to satisfy the DIP Obligations.
Participants in the course will have an opportunity to learn: Web-based skills in searching for information.