Examples of Tranche B DIP Lender in a sentence
Each Tranche B DIP Lender, Electing General Unsecured Claimholder, and any of their permitted designees, successors, or assigns, shall be required to execute and deliver to the Reorganized Debtors a Deed of Adherence (as defined in the Shareholders Agreement) as a condition to receiving any distribution of New Common Equity under the Plan (including any New Common Equity issuable upon exercise of the Warrants).
Section 2.03 of the Existing DIP Credit Agreement is hereby deleted in its entirety and replaced with the following: "Upon the terms and subject to the conditions herein set forth, on the Closing Date, each Tranche B DIP Lender, severally and not jointly with the other Tranche B DIP Lenders, agrees to make a loan (each a "Tranche B Loan" and collectively, the "Tranche B Loans") in a principal amount equal to such Tranche B DIP Lender's Tranche B Commitment.
Section 8.02(b) of the Existing DIP Credit Agreement is hereby amended by deleting the parenthetical "(except that any amounts to be paid to any Tranche B DIP Lender and required to be deposited pursuant to Section 2.02(b) in its Tranche B Credit-Linked Account shall be so deposited)" in the second sentence thereof in its entirety.
Additionally, in consideration for the Tranche B DIP Lenders’ agreement to the DIP Rollover, each Tranche B DIP Lender shall receive, on the Effective Date, its Pro Rata share of 10% of the New Common Stock, subject to dilution on account of the Management Incentive Plan (the “DIP Rollover Premium”).
Each such amount will be paid by the Borrowers to the Administrative Agent, for the account of each Tranche B DIP Lender, on the Monthly Payment Date for such calendar month.
Amounts on deposit in any such sub-account shall be withdrawn by the Administrative Agent and paid to the relevant Tranche B DIP Lender in satisfaction of any amount subsequently payable by the Borrowers to such Tranche B DIP Lender pursuant to subsection (e) above, and the Borrowers shall not be required to make any payment to such Tranche B DIP Lender pursuant to subsection (e) above until the amounts on deposit in such sub-account of such Tranche B DIP Lender shall be $0.
The Borrowers shall pay to the Administrative Agent, for the account of each Tranche B DIP Lender, for each calendar month, an amount equal to (i) the Tranche B Fixed Return Rate minus (ii) the Tranche B Actual Return Rate, in each case with respect to such Tranche B DIP Lender for such calendar month (but only if such amount constituting the difference between the amounts provided for in items (i) and (ii) above is greater than $0).
In this case no significant changes may be made in the original public service obligations or in other contract terms.3. If the principal reserves the right to apply negotiations pursuant to subsection 1 or 2, this must be clear from the invitation to tender.
In the event that the Tranche B Actual Return Rate with respect to any Tranche B DIP Lender for any calendar month exceeds the Tranche B Fixed Return Rate with respect to such Tranche B DIP Lender for such calendar month, such excess amount shall be held in a separate sub-account of the Tranche B Credit-Linked Account of such Tranche B DIP Lender.