DIP Facility. Capitalized terms used but not defined in this Section 5.02 shall have the meaning set forth in the DIP Loan Documents and DIP Orders.
DIP Facility. The Company shall enter into the DIP Facility on terms and conditions that are reasonably satisfactory to the Requisite Commitment Parties, it being understood that the DIP Facility contemplated by that certain Commitment Letter, dated as of the date hereof, is deemed satisfactory to the Requisite Commitment Parties and consistent with the terms set forth in the Term Sheet and the RSA.
DIP Facility. There shall be an event of default and an acceleration of obligations under the DIP Facility or a payment default under the DIP Facility.
DIP Facility. Subject to the terms and conditions of, and in reliance upon the representations and warranties made in, this Agreement and the other DIP Financing Documents, Lender agrees to make the DIP Facility available to Borrowers, in an aggregate amount up to the Commitment, as follows:
DIP Facility. The Administrative Agent shall have received reasonably satisfactory evidence that (i) the commitments under the DIP Facility have been terminated, all letters of credit issued thereunder (other than the Existing DIP Letters of Credit) shall have expired or been cancelled, and all amounts outstanding thereunder (including, without limitation, all fees accrued but unpaid thereunder to the Closing Date, whether or not then payable under the terms thereof) have been repaid in full (which termination and repayment may be contemporaneous with the satisfaction of the conditions under this Section and the application of proceeds of any Borrowings and the issuance of any Letters of Credit to occur on the Closing Date); and (ii) satisfactory arrangements shall have been made for the termination of all Liens and guarantees granted in connection therewith.
DIP Facility. (a) Those Creditors (the "Non-Participating Creditors") who elect not to participate in a debtor-in-possession financing facility (a "DIP Facility") hereby authorize the execution of a DIP facility agreement by those Persons who are parties to this Agreement and that elect to participate therein (the "DIP Lenders") in substantially the form attached as Exhibit B (the "Proposed DIP Facility Agreement"), or, if not in such form, then in such form as is approved by the Court in an interim order or final order (the "Creditor-Provided DIP Facility") so long as the agreement as so approved in an interim order or final order issued in by the Court in such Case is not materially more burdensome when taken as a whole on the rights of the Non-Participating Creditors than the Proposed DIP Facility Agreement. The Non-Participating Creditors (by their acceptance of this Agreement) and to the extent permitted by law, hereby agree (a) not to oppose or otherwise defend against (and hereby waive any and all rights that they may have to oppose or defend against), directly or indirectly, any provision for adequate protection, use of cash collateral or debtor-in-possession financing proposed by the DIP Lenders or (b) propose any provision for adequate protection, use of cash collateral or debtor-in-possession financing opposed by the DIP Lenders. Notwithstanding the foregoing, in the event that a debtor-in-possession financing facility is proposed to or approved by the Court involving lenders other than Persons party to this Agreement, the restrictions on activities by the Creditors to oppose such financing set out in this Section 11.06(a) shall not apply. Each Priority Lender party to this Agreement shall have the right to participate in a Creditor-Provided DIP Facility in an amount equal to its Priority Commitment Percentage of the total amount of Commitments provided for under such Facility. (b) The Creditors hereby (i) authorize and direct the Trustee, the Trust Company, the Owner, the Administrative Agent, the Priority Agent and the Security Agent to execute, deliver and perform their respective obligations, if any, under, or with respect to, the Creditor-Provided DIP Facility; (ii) agree (in their capacity as Pre-Petition Parties (as defined in the Creditor-Provided DIP Facility)) that, by execution of the Creditor-Provided DIP Facility by the Administrative Agent and the Priority Agent, such Creditors accede to, and agree to be bound by, the provisions of Section 8 (or...
DIP Facility. The Debtors shall promptly provide copies of all drafts and final execution copies of all DIP Documentation, if any, for review and comment by the Commitment Parties and the Consenting Creditors. Any comments received by the Debtors from the Commitment Parties, the Consenting Creditors, or their respective Representatives with respect to the DIP Documentation shall be considered by them in good faith and, to the extent the Debtors disagree with any such comments, they shall inform the Commitment Parties and the Consenting Creditors thereof and discuss the same with the Commitment Parties and the Consenting Creditors prior to entering into, delivering or using any such DIP Documentation. The Debtors shall not file with the Bankruptcy Court or enter into any DIP Documentation unless such DIP Documentation is consistent in all material respects with the DIP/Exit Facility Commitment and otherwise reasonably acceptable to the Requisite Commitment Parties, the Required Consenting Noteholders and the Required Consenting Term Lenders. The Debtors shall comply, in a timely manner, with all of the terms, conditions and covenants contained in the DIP Documentation.
DIP Facility. The Company and the Seller shall each enter into and deliver the DIP Facility promptly after the approval thereof by the Bankruptcy Court, and the Seller agrees to fund, or cause to be funded, the advances required to be made under the DIP Facility subject to the terms and conditions set forth therein. The initial Budget referenced in the DIP Facility is attached hereto as Exhibit 5.19.
DIP Facility. On the Effective Date, the claims in connection with the DIP Facility, if any, shall be paid in full, in cash, unless otherwise agreed by the lender. If the DIP Facility is not paid in full by agreement of the lender, the underlying Claim shall continue in full force and effect and all DIP liens shall continue against Reorganized USEC until such Claim is paid in full.
DIP Facility. Claims The claims under the DIP Facility will either be, at the election of each DIP Lender, (i) paid in full in cash and, solely with respect to the DIP Payments, to the extent the DIP Payments are paid in New Common Equity, New Common Equity, or (ii) such other treatment acceptable to such DIP Lender. Administrative Expense Claims Except to the extent a holder of an allowed Administrative Expense Claim agrees to less favorable treatment, each holder of an allowed Administrative Expense Claim will receive cash equal to the full unpaid amount of such allowed Administrative Expense Claim, which payments shall be made in the ordinary course of business or on the later of the Plan Effective Date and the date on which such claim becomes an allowed claim (or as soon as reasonably practicable thereafter).
