Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement Sample Contracts

SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT
Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • December 19th, 2022 • GWG Holdings, Inc. • Life insurance • New York

THIS SUPERPRIORITY SECURED DEBTOR-IN-POSSESSION CREDIT AND GUARANTY AGREEMENT, dated as of December 15, 2022 (this “Agreement”), is by and among GWG Holdings, Inc., a Delaware corporation (“Holdings”), GWG Life, LLC, a Delaware limited liability company (“GWG Life”), GWG DLP FUNDING IV, LLC, a Delaware limited liability company (“DLP IV”), GWG DLP FUNDING VI, LLC, a Delaware limited liability company (“DLP VI” and together with Holdings, GWG Life and DLP IV, individually, collectively and in all combinations, the “Borrower”), CERTAIN SUBSIDIARIES OF THE BORROWER party hereto from time to time, as Guarantor Subsidiaries, the LENDERS party hereto and VIDA INSURANCE CREDIT OPPORTUNITY FUND iii gp, llc, a Delaware limited liability company (“Vida”), as Administrative Agent and Collateral Agent.

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Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • November 12th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York

This AMENDMENT No. 11 (this “Amendment”), dated as of November 6, 2019, is entered into by and among Fusion Connect, Inc., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), certain subsidiaries of the Borrower party hereto, each a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as Guarantor Subsidiaries and the Lenders party hereto, which collectively constitute the Requisite Lenders, and acknowledged by the Administrative Agent (each, a “Party” and collectively, the “Parties”).

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Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • December 4th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York

This AMENDMENT No. 12 and WAIVER (this “Amendment and Waiver”), dated as of December 3, 2019, is entered into by and among Fusion Connect, Inc., a Delaware corporation and a debtor and debtor-in-possession under Chapter 12 of the Bankruptcy Code (the “Borrower”), certain subsidiaries of the Borrower party hereto, each a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as Guarantor Subsidiaries and the Lenders party hereto, which collectively constitute the Requisite Lenders, and acknowledged by the Administrative Agent (each, a “Party” and collectively, the “Parties”).

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Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • August 27th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York

This AMENDMENT No. 8 and WAIVER (this “Amendment and Waiver”), dated as of August 22, 2019, is entered into by and among Fusion Connect, Inc., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), certain subsidiaries of the Borrower party hereto, each a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as Guarantor Subsidiaries and the Lenders party hereto, which collectively constitute the Requisite Lenders, and acknowledged by the Administrative Agent (each, a “Party” and collectively, the “Parties”).

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Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • August 13th, 2019 • Fusion Connect, Inc. • Services-prepackaged software • New York

This AMENDMENT No. 7 and WAIVER (this “Amendment and Waiver”), dated as of August 8, 2019, is entered into by and among Fusion Connect, Inc., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), certain subsidiaries of the Borrower party hereto, each a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as Guarantor Subsidiaries and the Lenders party hereto, which collectively constitute the Requisite Lenders, and acknowledged by the Administrative Agent (each, a “Party” and collectively, the “Parties”).

Contract
Superpriority Secured Debtor-in-Possession Credit and Guaranty Agreement • January 8th, 2020 • Fusion Connect, Inc. • Services-prepackaged software • New York

This AMENDMENT No. 13 (this “Amendment”), dated as of January 7, 2020, is entered into by and among Fusion Connect, Inc., a Delaware corporation and a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code (the “Borrower”), certain subsidiaries of the Borrower party hereto, each a debtor and debtor-in-possession under Chapter 11 of the Bankruptcy Code, as Guarantor Subsidiaries and the Lenders party hereto, which collectively constitute all Lenders party to the Credit Agreement, and acknowledged by the Administrative Agent (each, a “Party” and collectively, the “Parties”).

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