Examples of Secured Lender Parties in a sentence
Any amounts distributed by the Liquidating Trustee on account of Allowed Professional Fee Claims accrued, paid during the Chapter 11 Cases and/or paid prior to the Effective Date in excess of the Fee Escrow shall be deemed to be a surcharge on the Secured Lender Parties' Collateral and Deficiency Claims and accordingly not subject to disgorgement.
Pursuant to the Final DIP Order and the Prior DIP Financing Orders (as defined in the Final DIP Order), amounts distributed by the Liquidating Trustee on account of Allowed Professional Fee Claims shall be deemed to be a surcharge on the Secured Lender Parties' Collateral up to the amount of the Fee Escrow as defined and set forth therein.
THE FOLLOWING PARTIES ARE “RELEASING PARTIES” AND WILL BE DEEMED TO HAVE CONSENTED TO AND GRANTED THE THIRD-PARTY RELEASES SET FORTH IN SECTION 14.1(c)OF THE DISCLOSURE STATEMENT AND PLAN: (a) the Secured Lender Parties, and (b) all Holders of Claims and Interests; provided, however, that Releasing Parties shall exclude any of the foregoing parties that makes a Release Opt-Out Election.
Based upon the results of the Sales, the recoveries thus far achieved by the DIP Lenders and Term Lenders, and the estimation of potential recoveries from the remaining assets in the Debtors' Estates, the Plan Proponents believe that limited substantive consolidation is necessary to effectuate a meaningful distribution to Unsecured Creditors as contemplated by the Plan funding, waivers by the Secured Lender Parties and other provisions embodied in theSale-Related Settlements and the Final DIP Order.
No subsequent stay, modification, termination, failure to extend the term or vacation of this Order shall affect, limit or modify the validity, priority or enforceability of any liability of the Debtors under the Stipulation, or any lien or security interest granted to the Administrative Agent, for the benefit of the Secured Lender Parties, under the Stipulation.
The Secured Lender Parties shall be and hereby are authorized to apply to the Secured Lender Parties’ Pre-Petition Indebtedness and to the Secured Lender Parties’ Post- Petition Indebtedness, in accordance with the Stipulation, all cash, cash equivalents, proceeds and all other sums received by the Secured Lender Parties at the time the same are determined by the Secured Lender Parties to be actually and finally collected.
The Secured Lender Parties have indicated a willingness to extend post-petition secured credit under the terms and conditions of the Stipulation for Secured Borrowing and Adequate Protection attached to the Financing Motion.
Nothing in this Final Order or otherwise shall be construed to obligate the Agents or the Secured Lender Parties, in any way, to pay compensation to, or to reimburse expenses of, any Professional Person or to guarantee or ensure that the Debtors have sufficient funds to pay such compensation or reimbursement, and any such obligation to make payments to any Professional Person shall be an obligation of the Debtors’ estates.
Other than the Carve Out, neither the Agents nor the Secured Lender Parties consent to any carve out from the Collateral for the payment of any fees or expenses of any Professional Persons.
The Debtors shall be responsive and employ their commercially reasonable efforts to cooperate in the coordination of all such contacts and communications, including, without limitation, by conducting update telephone conferences with the Debtors, their financial and restructuring advisors, and the Secured Lender Parties upon reasonable request regarding any potential restructuring transactions or transactions for the sale or other disposition of the assets of any of the Debtors’ estates.