SUPERPRIORITY SECURED DEBTOR IN POSSESSION CREDIT AGREEMENT Dated as of February 15, 2023, among AVAYA HOLDINGS CORP., a Debtor and Debtor in Possession under chapter 11 of the Bankruptcy Code, as Holdings, AVAYA INC., a Debtor and Debtor in...Superpriority Secured Debtor in Possession Credit Agreement • February 22nd, 2023 • Avaya Holdings Corp. • Services-prepackaged software
SUPERPRIORITY SECURED DEBTOR IN POSSESSION CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), dated as of February 15, 2023, among AVAYA HOLDINGS CORP., a Delaware corporation and a Debtor and Debtor in Possession under chapter 11 of the Bankruptcy Code (“Holdings”), in its capacity as Holdings, AVAYA INC., a Delaware corporation and a Debtor and Debtor in Possession under chapter 11 of the Bankruptcy Code (the “Borrower”), the lending institutions from time to time parties hereto (each a “Lender” and, collectively, the “Lenders”) and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Administrative Agent and Collateral Agent.
ContractSuperpriority Secured Debtor-in-Possession Credit Agreement • August 9th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
AMENDMENT No. 3, dated as of April 26, 2016 (this “Amendment”), to the Superpriority Secured Debtor-in-Possession Credit Agreement, dated as of January 21, 2016 (as amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”), among Arch Coal, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), the Guarantors from time to time party thereto, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, the Lenders from time to time party thereto and Wilmington Trust, National Association, in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”). Capitalized terms used but not defined herein have the meaning provided in the Credit Agreement.
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of February 2, 2023 among INVACARE CORPORATION, a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as the Borrower, The LENDERS Party Hereto, CANTOR...Superpriority Secured Debtor-in-Possession Credit Agreement • February 3rd, 2023 • Invacare Corp • Orthopedic, prosthetic & surgical appliances & supplies • New York
Schedule 1.01(a) — Excluded Subsidiaries Schedule 1.01(c) — Guarantors Schedule 2.01 — Commitments Schedule 3.05 — Real Estate Schedule 3.12 — Subsidiaries Schedule 5.14 — [Reserved] Schedule 6.01 — Existing Indebtedness Schedule 6.02 — Existing Liens Schedule 6.04(f) — Existing Investments Schedule 6.07 — Existing Restrictions Schedule 6.09 — Existing Affiliate Transactions
AMENDMENT NO. 4 TO SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENTSuperpriority Secured Debtor-in-Possession Credit Agreement • December 1st, 2015 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
AMENDMENT No. 4, dated as of November 24, 2015 (this “Amendment”), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended by Amendment Nos. 1, 2 and 3 thereto, the “Existing Credit Agreement” and, as so amended hereby, the “Credit Agreement”) among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the “Borrower”), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time and CITIBANK, N.A., as Administrative Agent (the “Administrative Agent”).
46934130v8 SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of May [__], 2024 by and among APPGATE CYBERSECURITY, INC., as Borrower, EACH PERSON LISTED AS A GUARANTOR ON THE SIGNATURE PAGES HERETO, as Guarantors, THE LENDERS FROM...Superpriority Secured Debtor-in-Possession Credit Agreement • May 6th, 2024 • Appgate, Inc. • Services-prepackaged software • New York
AMENDMENTSuperpriority Secured Debtor-in-Possession Credit Agreement • April 14th, 2016 • Verso Paper Holdings LLC • Converted paper & paperboard prods (no contaners/boxes) • New York
FIRST AMENDMENT dated as of March 31, 2016 (this “Amendment”) to the Superpriority Secured Debtor-in-Possession Credit Agreement dated as of January 26, 2016 (the “Credit Agreement”) among Verso Paper Finance Holdings LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (“Holdings”), Verso Paper Holdings LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, (the “Borrower”), each of the subsidiaries of the Borrower party thereto, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Subsidiary Loan Parties, the Lenders party thereto from time to time and Citibank, N.A., as Administrative Agent for the Lenders.
ContractSuperpriority Secured Debtor-in-Possession Credit Agreement • November 9th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
AMENDMENT No. 6, dated as of July 20, 2016 (this “Amendment”), to the Superpriority Secured Debtor-in-Possession Credit Agreement, dated as of January 21, 2016 (as amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”), among Arch Coal, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), the Guarantors from time to time party thereto, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, the Lenders from time to time party thereto and Wilmington Trust, National Association, in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”). Capitalized terms used but not defined herein have the meaning provided in the Credit Agreement.
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of June 14, 2018 among IHEARTCOMMUNICATIONS, INC., a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, THE SEVERAL SUBSIDIARIES OF IHEARTCOMMUNICATIONS, INC....Superpriority Secured Debtor-in-Possession Credit Agreement • June 20th, 2018 • iHeartMedia, Inc. • Radio broadcasting stations • New York
This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) is entered into as of June 14, 2018 among IHEARTCOMMUNICATIONS, INC., a Texas corporation and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (f/k/a Clear Channel Communications, Inc.) (“Parent Borrower”), the Subsidiary Borrowers (as defined below), each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, from time to time party hereto (together with the Parent Borrower, the “Borrowers”), IHEARTMEDIA CAPITAL I, LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (f/k/a Clear Channel Capital I, LLC) (“Holdings”), CITIBANK, N.A., as Administrative Agent, the entities party hereto as Swing Line Lender and L/C Issuers, and each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”).
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of June 5, 2019 amongSuperpriority Secured Debtor-in-Possession Credit Agreement • June 11th, 2019 • FTD Companies, Inc. • Retail-nonstore retailers • New York
This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT is entered into as of June 5, 2019 among FTD COMPANIES, INC., a Delaware corporation (the “Company” or the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent.
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of August 26, 2019 among BRISTOW GROUP INC., as Holdings and the Lead Borrower and as a debtor and debtor -in-possession under chapter 11 of the Bankruptcy Code, BRISTOW HOLDINGS...Superpriority Secured Debtor-in-Possession Credit Agreement • August 28th, 2019 • Bristow Group Inc • Air transportation, nonscheduled • New York
THIS SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT (this “Agreement”) is made and entered into as of August 26, 2019, by and among BRISTOW GROUP INC., a Delaware corporation and a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code (“Holdings” and the “Lead Borrower”), BRISTOW HOLDINGS COMPANY LTD. III, an exempted company incorporated with limited liability under the laws of the Cayman Islands (the “Co-Borrower” and together with the Lead Borrower, the “Borrowers”), each of the other Persons identified on Schedule I, certain of which as debtors and debtors-in-possession under chapter 11 of the Bankruptcy Code and as Guarantors (the “Guarantors”), the several financial institutions and lenders from time to time party hereto (the “Lenders”) and ANKURA TRUST COMPANY, LLC, in its capacity as administrative agent and collateral agent for the Lenders (in such capacities, the “Administrative Agent”).
AMENDMENT NO. 6 TO SUPERPRIORITY SECURED DEBTOR-IN- POSSESSION CREDIT AGREEMENTSuperpriority Secured Debtor-in-Possession Credit Agreement • July 1st, 2016 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
AMENDMENT No. 6, dated as of June 30, 2016 (this “Amendment”), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended, the “Existing Credit Agreement” and, as so amended hereby, the “Credit Agreement”) among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the “Borrower”), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time, Citibank, N.A., as Administrative Agent (the “Administrative Agent”) and the other agents party thereto.
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of September 22, 2017 TOYS “R” US-DELAWARE, INC. as a debtor and debtor-in- possession under chapter 11 of the Bankruptcy Code As the Lead Borrower for THE BORROWERS PARTY HERETO THE...Superpriority Secured Debtor-in-Possession Credit Agreement • September 27th, 2017 • Toys R Us Inc • Retail-hobby, toy & game shops • New York
Exhibit A: Form of Assignment and Acceptance Exhibit B: Form of Customs Broker Agreement Exhibit C-1: Notice of Borrowing (Domestic Borrowers) Exhibit C-2: Notice of Borrowing (Canadian Borrower) Exhibit D-1: Revolving Credit Note to Domestic Lenders Exhibit D-2: Domestic Term Loan Note Exhibit E-1: Revolving Credit Note to Canadian Lenders Exhibit E-2: Canadian Term Loan Note Exhibit F: Form of Canadian Initial Order Exhibit G: Form of Interim Order Exhibit H: Swingline Note to Domestic Swingline Lender Exhibit I: Swingline Note to Canadian Swingline Lender Exhibit J: Form of Joinder Exhibit K: Form of Credit Card Notification Exhibit L: Form of Compliance Certificate Exhibit M: Form of Borrowing Base Certificate Exhibit N: [Reserved] Exhibit O: Form of Tri-Party Agreement Exhibit P: Closing Agenda Exhibit Q: Form of Intercreditor Agreement
ContractSuperpriority Secured Debtor-in-Possession Credit Agreement • March 15th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
WAIVER AND CONSENT AND AMENDMENT No. 1, dated as of March 4, 2016 (this “Amendment”), (i) to the Superpriority Secured Debtor-in-Possession Credit Agreement, dated as of January 21, 2016 (as amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”), among Arch Coal, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), the Guarantors from time to time party thereto, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, the Lenders from time to time party thereto and Wilmington Trust, National Association, in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”), and (ii) under the Final Order. Capitalized terms used but not defined herein have the meaning provided in the Credit Agreement.
ContractSuperpriority Secured Debtor-in-Possession Credit Agreement • November 9th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
AMENDMENT No. 7, dated as of September 28, 2016 (this “Amendment”), to the Superpriority Secured Debtor-in-Possession Credit Agreement, dated as of January 21, 2016 (as amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”), among Arch Coal, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), the Guarantors from time to time party thereto, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, the Lenders from time to time party thereto and Wilmington Trust, National Association, in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”). Capitalized terms used but not defined herein have the meaning provided in the Credit Agreement.
d) Promptly following receipt of an Interest Election Request, the Administrative Agent shall advise each Lender of the relevant Class of the details thereof and of such Lender’s portion of each resulting Borrowing. (e) If the Borrower fails to...Superpriority Secured Debtor-in-Possession Credit Agreement • March 18th, 2019 • Windstream Services, LLC • Telephone communications (no radiotelephone) • New York
Reference is hereby made to the Superpriority Secured Debtor-In-Possession Credit Agreement dated as of March 13, 2019 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among Windstream Services, LLC, a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, Windstream Holdings, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, each Guarantor from time to time party thereto, each Guarantor on the Closing Date, a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, each lender from time to time party thereto, Citibank, N.A., as Administrative Agent and Collateral Agent and the other agents party thereto.
ContractSuperpriority Secured Debtor-in-Possession Credit Agreement • May 10th, 2016 • Arch Coal Inc • Bituminous coal & lignite surface mining
AMENDMENT No. 2, dated as of March 28, 2016 (this “Amendment”), to the Superpriority Secured Debtor-in-Possession Credit Agreement, dated as of January 21, 2016 (as amended, restated, supplemented or otherwise modified, refinanced or replaced from time to time, the “Credit Agreement”), among Arch Coal, Inc., a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, as borrower (the “Borrower”), the Guarantors from time to time party thereto, each a debtor and debtor-in-possession under chapter 11 of the Bankruptcy Code, the Lenders from time to time party thereto and Wilmington Trust, National Association, in its capacity as administrative agent and collateral agent (in such capacities, the “Agent”). Capitalized terms used but not defined herein have the meaning provided in the Credit Agreement.
WAIVER AND AMENDMENT NO. 3 TO SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENTSuperpriority Secured Debtor-in-Possession Credit Agreement • November 5th, 2015 • Alpha Natural Resources, Inc. • Bituminous coal & lignite surface mining • New York
AMENDMENT No. 3, dated as of November 2, 2015 (this “Amendment”), to that certain Superpriority Secured Debtor-In-Possession Credit Agreement dated as of August 6, 2015 (as previously amended, the “Existing Credit Agreement” and, as so amended hereby, the “Credit Agreement”) among, inter alios, ALPHA NATURAL RESOURCES, INC., a Delaware corporation and a debtor and debtor-in-possession in the Cases (the “Borrower”), the SUBSIDIARY GUARANTORS party thereto from time to time, each a debtor and debtor-in-possession in the Cases, the LENDERS party thereto from time to time, the ISSUING BANKS party thereto from time to time, CITIBANK, N.A., as Administrative Agent (the “Administrative Agent”), and the other agents party thereto.
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of January 26, 2016 Among VERSO PAPER FINANCE HOLDINGS LLC, a Debtor and Debtor-in- Possession under Chapter 11 of the Bankruptcy Code, as Holdings, VERSO PAPER HOLDINGS LLC, a...Superpriority Secured Debtor-in-Possession Credit Agreement • January 28th, 2016 • Verso Paper Holdings LLC • Converted paper & paperboard prods (no contaners/boxes) • New York
This SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT dated as of January 26, 2016 (this “Agreement”), among VERSO PAPER FINANCE HOLDINGS LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code (“Holdings”), VERSO PAPER HOLDINGS LLC, a Delaware limited liability company and a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, (the “Borrower”), EACH OF THE SUBSIDIARIES OF THE BORROWER PARTY HERETO, each a Debtor and Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Subsidiary Loan Parties, the LENDERS party hereto from time to time and CITIBANK, N.A. (“Citi”), as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders.
SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of April 15, 2020, among LSC COMMUNICATIONS, INC., as Borrower, THE LENDERS PARTY HERETO, and BANK OF AMERICA, N.A., as Administrative Agent and Issuing Bank _________________ BANK...Superpriority Secured Debtor-in-Possession Credit Agreement • April 17th, 2020 • LSC Communications, Inc. • Commercial printing
