EIGHTH AMENDMENT TO SUPERPRIORITY SENIOR SECURED DEBTOR-IN- POSSESSION CREDIT AGREEMENTDip Credit Agreement • October 13th, 2020 • New York
POSSESSION CREDIT AGREEMENT (this “Amendment”) is dated as of October 13, 2020 and entered into by and among 24 HOUR FITNESS WORLDWIDE, INC., a Delaware corporation, as the borrower, a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), 24 HOUR HOLDINGS II LLC, a Delaware limited liability company (“Holdings”), the other Guarantors party thereto, each Lender from time to time party thereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as administrative agent and collateral agent (the “Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the DIP Credit Agreement (as defined below).
THIRD AMENDMENT TO SUPERPRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • August 24th, 2020 • New York
POSSESSION CREDIT AGREEMENT (this “Amendment”) is dated as of August 24, 2020 and entered into by and among 24 HOUR FITNESS WORLDWIDE, INC., a Delaware corporation, as the borrower, a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), 24 HOUR HOLDINGS II LLC, a Delaware limited liability company (“Holdings”), the other Guarantors party thereto, each Lender from time to time party thereto and WILMINGTON TRUST, NATIONAL ASSOCIATION, as administrative agent and collateral agent (the “Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the DIP Credit Agreement (as defined below).
DIP CREDIT AGREEMENTDip Credit Agreement • September 28th, 2005 • Entergy Gulf States Inc • Electric services • Louisiana
This DIP CREDIT AGREEMENT (this "Agreement"), dated as of September 26, 2005, is entered into by and between Entergy New Orleans, Inc., a Louisiana corporation, as a debtor-in-possession ("Borrower"), and Entergy Corporation, a Delaware corporation ("Lender").
DIP CREDIT AGREEMENTDip Credit Agreement • July 24th, 2017 • Texas
This DIP CREDIT AGREEMENT (this “Agreement”), dated as of July [ ], 2017, is entered into by and between Rooster Energy, Ltd., formed under the laws of British Columbia, as debtor- in-possession (“Parent”), Rooster Energy, L.L.C., a Louisiana limited liability company, as debtor-in-possession (“Rooster LLC”), Rooster Oil & Gas, LLC, a Delaware limited liability company, as debtor-in-possession (“Rooster O&G”), Rooster Petroleum, LLC, a Delaware limited liability company, as debtor-in-possession (“Rooster Petroleum”), Probe Resources US Ltd., a Nevada corporation, as debtor-in-possession (“Probe;” and together with Rooster LLC, Rooster O&G and Rooster Petroleum, the “Rooster Opcos,” and the Rooster Opcos together with Parent, each a “Borrower” and collectively, “Borrowers”), and Corn Meal, LLC, a Louisiana limited liability company (“Lender”).
First Amendment to DIP Credit AgreementDip Credit Agreement • March 25th, 2016
AMENDMENT NO. 4 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 4 dated as of March 24, 2003 (this “Amendment No. 4”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
DIP Credit Agreement)Dip Credit Agreement • May 17th, 2020 • New York
POSSESSION CREDIT AGREEMENT, dated as of May [ ], 2020 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among COMCAR INDUSTRIES, INC., a Florida corporation, as a borrower, a debtor and a debtor-in- possession (the “Company”), the Subsidiaries of the Company identified on the signature pages hereto as Borrowers and any other Subsidiaries of the Company which may become Borrowers hereunder pursuant to Section 5.14, each as a borrower, a debtor and a debtor-in-possession (collectively referred to as the “Subsidiary Borrowers”) (hereinafter, the Company and the Subsidiary Borrowers are collectively referred to as the “Borrowers” or individually referred to as a “Borrower”), the Lenders party hereto, and U.S. BANK NATIONAL ASSOCIATION, as disbursing agent (together with its successors and assigns in such capacity, the “Disbursing Agent”), and as collateral agent (together with its successors and assigns in such capacity, the “Collate
SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of June 9, 2013 by and among EXIDE TECHNOLOGIES, a Debtor and a Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as US Borrower, EXIDE GLOBAL HOLDING NETHERLANDS C.V., as...Dip Credit Agreement • June 14th, 2013 • Exide Technologies • Miscellaneous electrical machinery, equipment & supplies • New York
FIRST AMENDMENT TO RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • April 1st, 2009 • Storm Cat Energy CORP • Crude petroleum & natural gas • New York
THIS FIRST AMENDMENT TO RESTATED DIP CREDIT AGREEMENT (this “Amendment”) dated effective as of March 30, 2009, is entered into by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), REGIMENT CAPITAL SPECIAL SITUATIONS FUND III, L.P., a Delaware limited partnership (“Regiment”), as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), STORM CAT ENERGY (USA) CORPORATION, a Colorado corporation, as a debtor and debtor-in-possession (“Borrower”), STORM CAT ENERGY CORPORATION, a company incorporated under the laws of British Columbia, Canada (“Parent”), as a non-debtor guarantor, and each subsidiary of Borrower listed as a guarantor on the signature pages hereof, each as a debtor and debtor-in-possession (the “Subsidiaries” and collectiv
DIP CREDIT AGREEMENTDip Credit Agreement • February 27th, 2009 • Foothills Resources Inc • Crude petroleum & natural gas • New York
THIS DIP CREDIT AGREEMENT (this “Agreement”), is entered into as of February 23, 2009 by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), REGIMENT CAPITAL SPECIAL SITUATIONS FUND III, L.P., a Delaware limited partnership , as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), FOOTHILLS RESOURCES, INC., a Nevada corporation, as a debtor and debtor-in-possession (“Parent”) and each of Parent’s Subsidiaries identified on the signature pages hereof, each as a debtor and debtor-in-possession (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as the “Borrowers”).
AMENDMENT NO. 3 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 3 dated as of January 31, 2003 (this “Amendment No. 3”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
Form of DIP Credit AgreementDip Credit Agreement • June 5th, 2008 • New York
This DEBTOR-IN-POSSESSION CREDIT AGREEMENT ("Agreement") is entered into as of June [_], 2008 among SCOTIA PACIFIC COMPANY LLC, a Delaware limited liability company (the "Borrower"), as a debtor and a debtor-in-possession, each lender from time to time party hereto (collectively, the "Lenders" and individually, a "Lender"), and LEHMAN COMMERCIAL PAPER INC., as administrative agent for the Lenders (in such capacity, and together with any successor administrative agent acting in such capacity, the "Administrative Agent") and as documentation agent and collateral agent for the Lenders.
ContractDip Credit Agreement • May 7th, 2024
To Lenders under the Debtor-in-Possession Credit and Guaranty Agreement (the “DIP Lenders”), dated as of January 25, 2024 (as amended, restated, modified, or supplemented from time to time, the “DIP Credit Agreement”), by and among CBI Intermediate, Inc., as Holdings, New Trojan Parent, Inc., as the Borrower, the other Guarantors party thereto, the lenders and the other parties party thereto and Jefferies Finance LLC, as DIP Administrative Agent and DIP Collateral Agent (the “DIP Agent”). Capitalized terms used but not defined herein shall have the meanings set forth in the DIP Credit Agreement.
SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • September 28th, 2020
DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • November 23rd, 2016
Circuit City Stores, Inc. as Lead BorrowerDip Credit Agreement • February 23rd, 2009 • Circuit City Stores Inc • Retail-radio, tv & consumer electronics stores
Form of DIP Credit Agreement)Dip Credit Agreement • April 6th, 2020 • New York
AGREEMENT, dated as of April [ ], 2020 (this “Agreement”), among RAVN AIR GROUP, INC., a Delaware corporation ( “RAGI”), RAVN AIR GROUP HOLDINGS, LLC, a Delaware limited liability company (“Holdings”) and EACH OTHER SUBSIDIARY (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I) OF HOLDINGS (jointly and severally, with RAGI and Holdings, the “Borrowers” and each, a “Borrower”), THE LENDERS, and BNP PARIBAS, as administrative agent for the Lenders and as collateral agent for the Secured Parties (in such capacities, collectively,, the “Administrative Agent”).
AMENDMENT, WAIVER AND CONSENT NO. 6 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • May 5th, 2020 • New York
AMENDMENT, WAIVER AND CONSENT NO. 6 dated as of August 22, 2003 (this “Amendment, Waiver and Consent No. 6”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
Form of Third Amendment to DIP Credit AgreementDip Credit Agreement • February 17th, 2019 • New York
Whereas, the DIP Loan Parties and the DIP Secured Parties entered into that certain Senior Secured Priming and Superpriority Debtor-in-Possession Credit Agreement, dated as of December 21, 2018 (as amended, the “DIP Credit Agreement”). Capitalized terms used herein without definition have the meanings assigned thereto in the DIP Credit Agreement.
AMENDMENT NO. 10 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • April 29th, 2004 • Mci Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 10 dated as of March 22, 2004 (this “Amendment No. 10”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
Exhibit ADip Credit Agreement • June 1st, 2016
45,000,000 DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • May 4th, 2014 • New York
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 1 dated as of October 30, 2002 (this “Amendment No. 1”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
DIP Credit AgreementDip Credit Agreement • May 25th, 2021 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
This SUPER-PRIORITY SENIOR SECURED DEBTOR-IN-POSSESSION TERM LOAN AGREEMENT (as amended, supplemented, modified or restated from time to time in accordance with the terms hereof, this “Agreement”), dated as of May 25, 2021, is entered into by and among Hospitality Investors Trust, Inc., a Maryland corporation (“HIT”), Hospitality Investors Trust Operating Partnership, L.P., a Delaware limited partnership (“HITOP”), each a Chapter 11 debtor-in-possession, as borrower (HIT and HITOP, individually or collectively, as the context may require, jointly and severally, the “Borrower” or the “Borrowers”), BROOKFIELD STRATEGIC REAL ESTATE PARTNERS II HOSPITALITY REIT II LLC, a Delaware limited liability company (the “Initial Lender”), and the other lenders party hereto from time to time (collectively, together with the Initial Lender, the “Lenders”), and TRIMONT REAL ESTATE ADVISORS, LLC, a Georgia limited liability company, as administrative agent (in such capacity, “Administrative Agent”) and
DEBTOR-IN-POSSESSION TERM LOAN NOTEDip Credit Agreement • July 1st, 2019 • West Virginia
FOR VALUE RECEIVED, the undersigned BLACKJEWEL L.L.C., a Delaware limited liability company as Debtor and Debtor-in-Possession (the “Maker”), promises to pay to the order of JEFFERY A. HOOPS, Sr., a resident of Clearwater, Florida, and CLEARWATER INVESTMENT HOLDINGS, LLC, a Delaware limited liability company (together, as their interests may appear, the “Lender,” which term shall include any holders hereof) at 1051 Main Street, Milton, West Virginia 25541-1215, or such other place as the Lender may from time to time designate in writing, the sum of Twenty Million Dollars ($20,000,000.00) (hereinafter called the “Principal Sum”) together with interest as hereinafter provided, and payable at the time(s) and in the manner(s) hereinafter provided. The Maker agrees that the advances made by the Lender and repayments thereof will be evidenced by entries made by the Lender into the Lender’s electronic data processing system and/or internal memoranda maintained by the Lender. The Maker further
AMENDMENT NO. 7 TO THE AMENDED AND RESTATED DIP CREDIT AGREEMENTDip Credit Agreement • March 12th, 2004 • Worldcom Inc • Telephone communications (no radiotelephone) • New York
AMENDMENT NO. 7 dated as of October 24, 2003 (this “Amendment No. 7”) to the Credit Agreement (as defined below) among WORLDCOM, INC., a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), each of the Guarantors party to the Credit Agreement, each a debtor and debtor-in-possession in a case pending under chapter 11 of the Bankruptcy Code, as guarantors (the “Guarantors”), each of the Lenders (as defined in the Credit Agreement) party hereto, and CITICORP USA, INC., as administrative agent (the “Administrative Agent”). Capitalized terms defined in the Credit Agreement and not otherwise defined herein being used herein as therein defined.
DIP CREDIT AGREEMENT)Dip Credit Agreement • July 12th, 2019
DIP CREDIT AGREEMENTDip Credit Agreement • July 23rd, 2006 • Delaware
THIS DIP CREDIT AGREEMENT, dated as of July [ ], 2006, is made by and among Complete Retreats, LLC, Preferred Retreats LLC, Distinctive Retreats, LLC, Private Retreats, LLC and each of the other Parties listed on Schedule A attached hereto, each a Delaware limited liability company and collectively d/b/a Tanner and Haley Resorts (each a “Borrower”, and collectively, the “Borrowers”), The Patriot Group, LLC, a Delaware limited liability company (“Patriot”), both in its capacity as a lender (a “Lender”) and as the agent for the Lenders under this Agreement (the “Agent”), and LPP Mortgage Ltd., (“LPP”) a Texas limited partnership, as the assignee of Beal Bank, S.S.B. (“Beal”), a Texas state-chartered savings bank, and its successors and assigns in its capacity as a lender (a “Lender”, and together with Patriot, the “Lenders”).
RESTATED DIP CREDIT AGREEMENT by and among STORM CAT ENERGY (USA) CORPORATION, as a debtor and debtor-in- possession, as Borrower, EACH SUBSIDIARY OF STORM CAT ENERGY (USA) CORPORATION LISTED AS A GUARANTOR SIGNATORY HERETO, as a debtor and...Dip Credit Agreement • February 5th, 2009 • Storm Cat Energy CORP • Crude petroleum & natural gas • New York
THIS RESTATED DIP CREDIT AGREEMENT (this “Agreement”), is entered into as of January 30, 2009, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), REGIMENT CAPITAL SPECIAL SITUATIONS FUND III, L.P., a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), STORM CAT ENERGY (USA) CORPORATION, a Colorado corporation, as a debtor and debtor-in-possession (“Borrower”), STORM CAT ENERGY CORPORATION, a company incorporated under the laws of British Columbia, Canada (“Parent”), as a non-debtor guarantor, and each subsidiary of Borrower listed as a guarantor on the signature pages hereof, each as a debtor and debtor-in-possession.
The DIP Credit AgreementDip Credit Agreement • February 12th, 2014
Amendment No. 1 to DIP Credit Agreement FIRST AMENDMENT TO SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENTDip Credit Agreement • January 11th, 2019 • New York
This FIRST AMENDMENT TO SENIOR SECURED PRIMING AND SUPERPRIORITY DEBTOR-IN-POSSESSION CREDIT AGREEMENT is made as of January
