DIP Loans. Collateral Obligations that permit payment of interest less frequently than quarterly
DIP Loans. (i) Subject to the terms and conditions set forth in this Agreement, including ARTICLE V hereof, the Administrative Agent shall make advances (each, a “DIP Loan” and collectively, the “DIP Loans”) to Borrowers on behalf of each DIP Lender on each Funding Date for such DIP Loans (each of which, once funded, shall be a “Funded DIP Loan”) provided, that (i) prior to the Entry Date, the aggregate amount of DIP Loans shall not exceed, and no DIP Loan shall be made on behalf of any DIP Lender if, after giving effect to the making of such DIP Loan and the simultaneous application of the proceeds thereof, the aggregate amount of outstanding DIP Loans would exceed, (x) with respect to any DIP Lender, its Pro Rata Share of the Interim Availability Amount and (y) for all DIP Lenders collectively, the Interim Availability Amount and (ii) on and after the Entry Date, the aggregate amount of DIP Loans made on behalf of the DIP Lenders shall not exceed, and no DIP Loan shall be made on behalf of any DIP Lender if, after giving effect to the making of such DIP Loan and the simultaneous application of the proceeds thereof, the aggregate amount of outstanding DIP Loans would exceed, (x) with respect to any DIP Lender, the principal amount set forth on such DIP Lender’s signature page to this Agreement and (y) for all DIP Lenders collectively, the Maximum Commitment Amount.
(ii) Notwithstanding the provisions of Section 2.01(b)(i), if the Debtors have met all of the Plan Milestones, the DIP Lenders shall have the right, but not the obligation, to make additional DIP Loans, on and in accordance with the terms and provisions of this Agreement (as the same may be amended in connection with such additional financing), up to such aggregate amount as the DIP Lenders may agree among themselves, provided that in no event shall the aggregate amount of DIP Loans made under this Agreement exceed $3,000,000. Each DIP Lender agreeing to make additional DIP Loans shall deposit in the Escrow Account the maximum amount of additional DIP Loans it has agreed to make at the time it agrees to make such additional DIP Loans. If and to the extent that funds remain in the Escrow Account at the Maturity Date, the Administrative Agent shall return such funds to the DIP Lenders as promptly as possible thereafter, without interest, pro rata in proportion to their respective Pro Rata Shares.
DIP Loans. Each DIP Loan made or maintained by a Lender shall bear interest (computed on the basis of a year of 365 or 366 days, as the case may be, and the actual days elapsed) on the unpaid principal amount thereof from the date such Loan is advanced until maturity (whether by acceleration or otherwise) at a rate per annum equal to the sum of eight percent (8.0%) plus the Base Rate from time to time in effect, payable by the Borrower monthly in arrears on the last day of each calendar month in each year (commencing on the first such date occurring after the date hereof) and at maturity (whether by acceleration or otherwise).
DIP Loans. The Borrower shall give all such notices to the DIP Agent by telephone, telecopy, or other telecommunication device acceptable to the DIP Agent (which notice shall be irrevocable once given and, if by telephone, shall be promptly confirmed in writing), substantially in the form attached hereto as Exhibit B (Notice of Borrowing) or in such other form acceptable to the DIP Agent. All such notices shall specify the date of the requested advance (which shall be a Business Day) and the amount of the requested Borrowing to be advanced. The Borrower agrees that the DIP Agent may rely on any such telephonic, telecopy or other telecommunication notice given by any person the DIP Agent in good faith believes is an Authorized Representative without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the DIP Agent has acted in reliance thereon.
DIP Loans. Each DIP Loan, both for principal and interest not sooner paid, shall mature and be due and payable by the Borrower on the Termination Date.
DIP Loans. All loans made to or for the benefit of the Debtors on or after the Commencement Date under the DIP Credit Documents, including the Prepetition Letters of Credit, which shall be and hereby are deemed re-issued under the DIP Credit Documents (collectively, the “DIP Loans”), all interest thereon and all fees, costs, expenses, indemnification obligations and other liabilities owing by the Debtors to the DIP Agent and the DIP Lenders under the DIP Credit Documents and this Interim Order and any obligations arising under the Prepetition ABL Documents after the ABL Refinancing shall hereinafter be referred to as the “DIP Obligations.” The DIP Loans: (a) shall be evidenced by the books and records of the DIP Agent or the DIP Lenders; (b) shall bear interest payable at the rates set forth in the DIP Credit Agreement; (c) shall be secured in the manner specified in paragraph 14 below and in the DIP Documents; (d) shall be payable in accordance with the terms of the DIP Credit Documents; and (e) shall otherwise be governed by the terms set forth herein and in the DIP Credit Documents.
DIP Loans. The DIP Lender agrees, on the terms and conditions set out in this Agreement, to make loans (collectively, the “DIP Loans” and individually, a “DIP Loan”) to Borrowers during the Availability Period in an aggregate amount up to but not to exceed the amount of the Commitment. The DIP Loans are term loans and are not revolving loans, and principal payments or prepayments made in respect of the Term Principal Amount may not be reborrowed.
DIP Loans. With respect to any DIP Loan, the Loan Originator or its assignee has been granted a first priority lien status in respect of all or certain of the Obligor’s assets by final order of the applicable federal bankruptcy or district court.
DIP Loans. Subject to the terms and conditions herein, including the restrictions on Use of Proceeds set forth below, the proceeds of the DIP Facility (including the Interim Facility (as defined below)) will be used in accordance with the terms of the Budget (subject to Permitted Variances (as defined below)), including: (i) to pay (a) professional fees and other restructuring charges arising on account of the Chapter 11 Cases, including statutory fees of the United States Trustee and allowed professional fees and expenses of a Committee (as defined herein) (if any), and (b) all professional fees and expenses (including legal, financial advisor, appraisal, and valuation-related fees and expenses) incurred by the DIP Agent and/or the DIP Lenders as provided under the DIP Facility, including those incurred in connection with the preparation, negotiation, documentation, and court approval of the DIP Facility (which fees, in the case of clauses (i)(a) and (b), shall be subject to the Carve-Out (as defined in the DIP Orders)), (ii) to provide working capital, and for other general corporate purposes of the Debtors, and (iii) to pay administration costs of the Chapter 11 Cases and claims or amounts approved by the Bankruptcy Court.
DIP Loans
