Section 506(c) Claims. The Debtors’ rights under Section 506(c) of the Bankruptcy Code are preserved until entry of a Final Order; the Debtors have agreed to seek a provision in the Final Order, in a form acceptable to the DIP Agent, that would waive the Debtors’ rights under Section 506(c). Nothing contained in this Interim Order, in the Final Order or in the other DIP Loan Documents shall be deemed a consent by the Prepetition Secured Parties or the DIP Secured Parties to any charge, lien, assessment or claim against, or in respect of, the DIP Collateral or the Prepetition Collateral under Section 506(c) of the Bankruptcy Code or otherwise.
Section 506(c) Claims. As a further condition of the DIP Facility and any obligation of the DIP Secured Parties to make credit extensions pursuant to the DIP Financing Agreements, the Debtors (and any successors thereto or any representatives thereof, including any trustees appointed in the Cases or any Successor Cases (defined below)) shall be deemed to have waived any rights, benefits, or causes of action under section 506(c) of the Bankruptcy Code as they may relate to or be asserted against the DIP Agents, the DIP Secured Parties, the DIP Liens, the Pre-Petition Agents, the Pre-Petition Secured Parties, and the Pre-Petition Liens. Nothing contained in the Interim Order or in this Final Order shall be deemed a consent by the Pre-Petition Secured Parties or the DIP Secured Parties to any charge, lien, assessment or claim against the DIP Collateral or the Pre-Petition Collateral under Section 506(c) of the Bankruptcy Code or otherwise.
Section 506(c) Claims. The Borrower will not, and will not permit any other Credit Party to, make any claims under Section 506(c) of the Bankruptcy Code. Furthermore, the Borrower will waive the applicability of Section 506(c) of the Bankruptcy Code against the GSO Lenders, as Prepetition First Lien Lenders.
Section 506(c) Claims. Until the Discharge of Priority Payment Lien Obligations, the Notes Collateral Agent and the Notes Secured Parties and Additional Secured Parties with Pari Passu Lien Indebtedness shall not assert or enforce any claim under Section 506(c) of the Bankruptcy Code senior to or on a parity with the Liens securing the Priority Payment Lien Obligations for costs or expenses of preserving or disposing of any Shared Collateral or other collateral.
Section 506(c) Claims. No costs or expenses of administration which have been, or may be hereafter, incurred at any time in the Cases or in any Successor Cases shall be charged against the Lender, the DIP Obligations, or the Collateral, pursuant to sections 105, 506(c), or 522 of the Bankruptcy Code, or otherwise, without the prior written consent of the Lender, and no such consent shall be implied from any other action, inaction or acquiescence by the Lender.
Section 506(c) Claims. Subject to entry of the Final Order, except to the extent of the Carve-Out, no costs or expenses of administration that have been or may be incurred in the Chapter 11 Cases at any time shall be charged against the DIP Agent, the DIP Secured Parties, the Prepetition ABL Agent, the DIP Collateral, or the Prepetition ABL Collateral pursuant to sections 105 or 506(c) of the Bankruptcy Code, or otherwise, without the prior written consent of the DIP Agent or the Prepetition ABL Agent, as applicable, and no such consent shall be implied from any action, inaction, or acquiescence by any party.
Section 506(c) Claims. Subject to the entry of the Final DIP Order, as a further condition of the DIP Facility, any obligation of the DIP Secured Parties to make DIP Loans, and the Debtors’ authorization to use the Cash Collateral, the Debtors (and any successors thereto or any representatives thereof, including any trustees appointed in the Chapter 11 Cases or any Successor Case) shall be deemed to have waived any rights, benefits or causes of action under section 506(c) of the Bankruptcy Code as they may relate to or be asserted against the DIP Secured Parties, the DIP Liens, the DIP Collateral, the Prepetition First Lien Term Loan Secured Parties, the Prepetition First Lien ABL Secured Parties, the Adequate Protection Liens, the Prepetition First Liens, the Prepetition First Lien Term Loan Collateral and the Prepetition First Lien ABL Collateral. Except for the Carve-Out, nothing contained in this Interim DIP Order, in the Final DIP Order or in the other DIP Loan Documents shall be deemed a consent by the Prepetition First Lien Term Loan Secured Parties, the Prepetition First Lien ABL Secured Parties or the DIP Secured Parties to any charge, lien, assessment or claim against, or in respect of, the DIP Collateral under section 506(c) of the Bankruptcy Code or otherwise.
Section 506(c) Claims. (a) Until the Payment in Full of the Thermo Claim has occurred, Post Road, on behalf of itself and each Post Road Lender, agrees that it will not assert or enforce any claim under Section 506(c) of the Bankruptcy Code or any similar provision of any other Bankruptcy Law senior to or on a parity with the Liens on the Thermo Senior Collateral securing the Thermo Claim for costs or expenses of preserving or disposing of any Collateral.
(b) Until the Payment in Full of the Post Road Claim has occurred, Thermo, on behalf of itself and each other AR Lender, agrees that it will not assert or enforce any claim under Section 506(c) of the Bankruptcy Code or any similar provision of any other Bankruptcy Law senior to or on a parity with the Liens on the Post Road Senior Collateral securing the Post Road Claim for costs or expenses of preserving or disposing of any Collateral.
Section 506(c) Claims. Subject to entry of the Final Order with respect to parties other than the DIP Agent and the DIP Lenders, and except to the extent of the Carve-Out, no costs or expenses of administration that have been or may be incurred in the Chapter 11 Cases at any time shall be charged against the DIP Agent, the DIP Lenders, the Prepetition ABL Agent, the Prepetition ABL Secured Parties; Prepetition Term Agent, the Prepetition Term Lenders, the Prepetition IPCo Indenture Trustees, the Prepetition IPCo Noteholders, the DIP Collateral, or the Prepetition Collateral pursuant to sections 105 or 506(c) of the Bankruptcy Code, or otherwise, without the prior written consent of the DIP Agent (acting at the direction of the Required Lenders), the Prepetition Term Agent (acting at the direction of the Required Lenders), or the Prepetition IPCo Indenture Trustees, as applicable, and no such consent shall be implied from any action, inaction, or acquiescence by any party.
Section 506(c) Claims. Until the Discharge of Payment Priority Obligations, each Collateral Agent for each Class of Pari Passu Secured Obligations and the Notes Secured Parties and Additional Secured Parties, whether in their capacities as secured or unsecured creditors, shall not assert or enforce any claim, or support any other person’s claim, under Section 506(c) of the Bankruptcy Code senior to or on a parity with the Liens securing the Payment Priority Obligations for costs or expenses of preserving or disposing of any Shared Collateral or other collateral.
