Examples of Term DIP Loans in a sentence
Each Prepetition First Lien Lender that executes the Restructuring Support Agreement within 30 days following the Petition Date shall have the option, at its election, to fund its pro rata share of the Term DIP Loans.
Upon entry of the Final Order, the Debtors may obtain and use the proceeds of ABL DIP Loans only for purposes specified in the ABL DIP Loan Agreement and the Debtors may obtain and use proceeds of the Term DIP Loans only for purposes specified in the Term DIP Loan Agreement.
REPRESENTATIONS AND WARRANTIES To induce the Administrative Agent and the Lenders to enter into this Agreement and to make the Term DIP Loans, each of the Loan Parties hereby jointly and severally represents and warrants, (a) on the Closing Date, that the following representations are true and correct in all material respects (without duplication of any materiality qualifiers set forth therein): 5.1 Financial Condition; Budget.
This Section shall be construed so that the Term DIP Loans and Term DIP Commitments are at all times maintained in “registered form” within the meanings of Sections 163(f), 871(h)(2) and 881(c)(2) of the Code and any related regulations (and any successor provisions).
Notwithstanding the foregoing, only the Term DIP Loans borrowed by the Jamaican Borrower shall be secured by a perfected security interest in and lien upon the Jamaican Borrower’s pre-petition and post-petition real and personal property (other than equity interests that the Jamaican Borrower in Noranda Jamaica Bauxite Partners (aJamaican partnership), which equity interests shall not be Term DIP Collateral (as defined below)).
The Term DIP Documents shall be in form and substance satisfactory to DIP Agent, shall have been duly executed and delivered by all of the signatories thereto, all provisions of the Term DIP Documents are in full force and effect, and Term DIP Lenders are ready and willing to fund the Delayed Draw Term DIP Loans in accordance with the Term DIP Loan Documents and the Financing Orders.
The need for this thesis came during the author´s working experience with the company.
Moreover, even if there is no successful Challenge, the marshalling waiver would permit the BrandCo DIP Lenders to argue that the Term DIP Loans should be deemed paid off first from RCPC asset value, preserving the full value of the BrandCos for repayment of the BrandCo Lenders’ prepetition loans and reducing the value available to RCPC and the operating subsidiary creditors (which include substantially all general unsecured creditors).
Under the proposed Intercompany DIP Facility, the BrandCos would continue to benefit from RCPC’s payment of interest on the Term DIP Loans and Prepetition BrandCo Tranche B-1 Loans, but, in addition, the BrandCos would be vested with a secured claim (potentially in excess of $100 million on an annual basis) against RCPC, causing a shift in value from RCPC to the BrandCos.
The only exception is for matters of personal law where all parties are Shi'ites, in which case the Shi'ite Personal Status Law applies.