Examples of ABL DIP Lenders in a sentence
The Superpriority Claims granted hereunder to the holders of the Roll Up DIP Loans (the “Roll Up DIP Lenders”) shall be immediately junior in priority and subject to the Superpriority Claims of the New Money DIP Lenders and ABL DIP Lenders.
The ABL DIP Facility shall be in full force and effect and no “Default” or “Event of Default” (as defined in the ABL DIP Credit Agreement) shall have occurred and be continuing under the ABL DIP Credit Agreement that remains uncured or not expressly waived in writing by the ABL DIP Lenders.
The ABL DIP Lenders are willing to establish the ABL DIP Facility upon the terms and conditions set forth herein and in that certain Post-Petition Credit Agreement to be entered into by the domestic Debtors and the ABL DIP Credit Parties, substantially in the form attached to the Motion (together with all schedules, exhibits and annexes thereto, and as at any time amended, the “ABL DIP Loan Agreement”).
The Superpriority Claims granted hereunder to the ABL DIP Lenders shall be pari passu with the Superpriority Claims granted hereunder to the holders of the New Money DIP Loans (the “New Money DIP Lenders”).
The ABL DIP Agent is authorized to retain one firm as counsel, one additional firm as local counsel in the United States, and conflicts counsel for the ABL DIP Lenders, plus (i) an appraiser, (ii) a financial advisor and consultants, (iii) to the extent necessary in the ABL DIP Agent’s reasonable discretion, an environmental consultant, and (iv) a field auditor.
The consent provided by the ABL DIP Lenders similarly binds all other Prepetition ABL Lenders and the BrandCo Lenders and 2016 Term Lenders under the ABL Intercreditor Agreement.
After the Effective Date, the Reorganized Debtors shall continue to reimburse the ABL DIP Agent and the ABL DIP Lenders for the reasonable and documented fees and expenses (including reasonable and documented legal fees and expenses) incurred by the ABL DIP Agent and the ABL DIP Lenders after the Effective Date that survive termination or maturity of the ABL DIP Facility in accordance with the terms thereof and/or the DIP Order until the obligations under the ABL DIP Facility have been Paid in Full.
The Reorganized Debtors shall pay all of the amounts that may become payable to the ABL DIP Agent or any of the ABL DIP Lenders under any of the foregoing provisions in accordance with the ABL DIP Facility Documents.
If the Required Term Loan DIP Lenders and/or the Required ABL DIP Lenders have not objected, in writing, to a proposed updated budget, or an amendment, supplement or modification to the Approved Budget or an Approved Variance Report, within three (3) business days after their receipt thereof, such proposed updated budget, amendment, supplement or modification shall be deemed acceptable to and approved by the Required Term Loan DIP Lenders and/or the Required ABL DIP Lenders.
The ABL DIP Lenders have agreed to continue to provide revolving credit to the Debtors, but only on the basis that they receive postpetition priority and similar protections for the entirety of the ABL exposure and specifically negotiated for the roll-up in the context of their commitment on the terms described herein.