DIP Advances definition
Examples of DIP Advances in a sentence
If any party shall appeal any order approving the DIP Facility or shall successfullychallenge the validity, perfection, or priority of any pre-petition liens in favor of the Administrative Agent (on behalf of Lenders), Lenders may terminate their commitment to fund any DIP Advances (as defined in the Credit Agreement) and stop funding any DIP Advances upon written notice to Debtors.
If the Required DIP Lenders utilize the PIK Election, the Borrower shall pay the interest on the aggregate outstanding principal amount of the DIP Advances by adding such accrued interest to the principal amount of the DIP Obligations on the last Business Day of each calendar month.
Any reborrowings of any Reversed Cash Collateral Payments that have been made as DIP Advances under this Agreement shall be reversed so that such DIP Advances are deemed to be repaid and the Existing Obligations are increased by a corresponding amount, in each case without any cash payments being made.
The DIP Lender’s commitment to make DIP Advances to the Borrower shall expire on the Maturity Date and all amounts outstanding under the DIP Facility shall be permanently and indefeasibly repaid no later than the Maturity Date, without the DIP Lender being required to make demand upon the Borrower or the other Loan Parties or to give notice that the DIP Facility has expired and the obligations thereunder are due and payable, except as required by the DIP Order.
The DIP Advances shall be paid through the DIP Lender’s extension of post-confirmation financing (“Exit Financing”) to the reorganized Debtor in the amount of the DIP Advances, the proceeds of which will be utilized to pay the DIP Advances in full on the Effective Date.
No proceeds of the DIP Advances may be used for any purpose other than in accordance with the Amended Cash Flow Projections except with the prior written consent of the DIP Lender, which consent shall not be unreasonably withheld.
The balances due under the Post-Petition DIP Advances and the Pre-Petition Senior Secured Loan consist of the principal balance of approximately $49,600,000 and$3,000,000 (assuming the Post-Petition DIP Advances are fully funded), respectively, plus additional advances, interest at the default rate, attorneys’ fees, costs and other expenses.
Prior to payment in full of the DIP Advances, the Debtors shall not sell, pledge, hypothecate, or otherwise encumber any Post-Petition Collateral (any such sale, pledge, hypothecation, or other transfer shall be void ab initio).
All DIP Advances (as defined below) shall be deposited into an account acceptable to the Borrower, the Monitor and the DIP Lender (the “Account”) and withdrawn to pay contemplated expenses under the Amended Cash Flow Projections (as defined below) and otherwise in accordance with the terms hereof.
With respect to its DIP Commitment, its DIP Advances, and any Loan Papers, Bank of America, N.A. has the same Rights under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent.