Examples of Tranche B DIP Facility in a sentence
For the avoidance of doubt, to the extent any holder of an Allowed Tranche B DIP Facility Claim has (a) a Claim for deficiency arising out of, or related to, the Tranche B DIP Obligations or (b) a Claim for adequate protection arising out of, or related to, the Tranche B DIP Obligations against any Debtor, such Claims shall be deemed waived as of the Effective Date, and such holder shall not be entitled to any distributions under the Plan on account of such Claims.
As set forth above, the Tranche A DIP Facility will convert to unsecured debt maturing approximately 5 years after the anticipated Effective Date, and the Tranche B DIP Facility will convert into 79.5% of the New Common Stock of the Reorganized Debtor, which, as demonstrated by the Valuation Analysis attached hereto as Exhibit E represents the amount of the Claims arising under the Tranche B DIP Loans.
While Jefferies’ revised proposals addressed some 7/30/20 Hr’g Tr. at 134:15-24.of the Debtors’ economic and non-economic concerns, many issues still remained unresolved with the Further Amended Jefferies Commitment, including, as noted above, conditionality to funding, the requirement to maintain cash minimums within the United States, and limits on governmental funding under the Tranche B DIP Facility.
An additional $2.0 million was drawn from the Tranche B DIP Facility on July 13, 2016 to provide an intercompany loan to certain non-Debtor subsidiaries in Brazil.
Seabury also continued to solicit interest from otherlenders in the Tranche B DIP Facility to provide the necessary new money thereunder or to serve as alternative lenders for the full $700 million of Tranche B DIP Loans.
The equity conversion option is critical not only to the Debtors and their ability to maintain flexibility in structuring their plan of reorganization, but also to the Tranche A DIP Lenders since many of the Tranche A DIP Facility Lenders’ commitments to fund were based on the Debtors’ ability to eventually equitize the Tranche B DIP Facility, inclusive of accrued fees and PIK interest.
On the Effective Date, Reorganized SFXE shall be authorized, without further act or action under applicable law, regulation, order or rule, and without further corporate proceedings or action, to issue shares of New Series A Preferred Stock pursuant to the New Series A Preferred Stock Certificate to the Holders of Tranche B DIP Facility Claims and Class 3 Claims.
The Tranche A DIP Facility Claims, the Tranche B DIP Facility Claims (including the Incremental Tranche B DIP Accordion Claims) and the Original Foreign Loan Claims are hereby Allowed in the amounts set forth in Section 3.01(c)(i), Section 3.01(c)(ii) and Section 3.02(c) of the Plan, respectively.
GS has been tasked with, and has already undertaken a significant amount of work toward, arranging a US $900 million Tranche A DIP Facility to complement a US $700 million Tranche B DIP Facility currently being negotiated with certain of the Debtors’ prepetition lenders and/or other prospective third party lenders.
The Debtors are authorized to borrow the full amount of the Tranche B DIP Loans from the Tranche B DIP Lenders under the Tranche B DIP Facility, subject to the terms and conditions set forth in this Final Order and the DIP Documents (including the borrowing schedule set forth in Section 2.05 of the DIP Credit Agreement).