Examples of ATSB Loan in a sentence
Neither Borrower will give its approval or consent to a sale of any right, obligation or interest under an ATSB Loan Agreement, or any note or loan document referred to therein (i) pursuant to clause (c) of the last sentence of Section 9.2(a) thereof, or (ii) involving Tranche B-1.
Based upon the record of these Chapter 11 Cases, the security interests to be granted by the Reorganizing Debtors and/or Reorganized Companies pursuant to, or in connection with, the New ATSB Loan (i) are legal, valid and enforceable, and (ii) do not constitute preferential transfers or fraudulent conveyances under the Bankruptcy Code or any federal or state law.
The restructuring, pursuant to the Plan and the Amended and Restated ATSB Loan Documents, of the obligations owed to the ATSB Lender Parties under the ATSB Loan Agreement (the “Old ATSB Loan Obligations,” and collectively with the ATSB Loan Agreement and related documents, the “Old ATSB Loan”) is an essential element of the Plan and in the best interests of the Reorganizing Debtors, their estates and their creditors.
The financial accommodations being extended pursuant to the restructuring of the Old ATSB Loan into the New ATSB Loan are being extended in good faith and for legitimate business purposes.
All documents necessary or appropriate to implement the Plan including, without limitation, the Amended and Restated ATSB Loan Documents, shall, upon execution, be valid, binding, and enforceable agreements and not be in conflict with any federal or state law.
The Company has delivered to the Investor a true and correct copy of each of the ATSB Loan Agreement and the Air Wisconsin DIP Agreement, including any amendments, supplements and modifications through the date hereof.
The security interests and liens granted pursuant to, or in connection with, the New ATSB Loan and the documents, instruments and agreements relating thereto shall constitute, as of the Effective Date, legal, valid and duly perfected first-priority liens and security interests in and to the collateral specified therein, subject only, where applicable, to the pre-existing liens and security interests specified or permitted in the New ATSB Loan.
The Reorganizing Debtors have provided sufficient and adequate notice of the restructuring of the Old ATSB Loan, including any material modifications thereof embodied in the New ATSB Loan, to all parties-in-interest, including, without limitation, the Reorganizing Debtors, the Creditors’ Committee, the New Investor, and Southwest.
The terms of the New ATSB Loan as restructured and reflected in the Amended and Restated ATSB Loan Agreement are hereby approved.
The Court hereby approves the Amended and Restated ATSB Loan Agreement, filed as Exhibit B to the Plan, the Amended and Restated ATSB Loan Documents and all related agreements and documents.