Examples of DIP Arranger in a sentence
You acknowledge that the DIP Arranger, DIP Agent, each DIP Commitment Party and/or one or more of their Related Persons may provide financing, equity capital or other services (including financial advisory services) to parties whose interests may conflict with the interests of the Debtors.
In issuing this DIP Commitment Letter and in arranging and providing the DIP Facility, the DIP Agent, the DIP Arranger and the DIP Commitment Parties will be entitled to use, and to rely on the accuracy of, the Information and Projections furnished to them by or on behalf of the Debtors and their respective Related Persons without responsibility for independent verification thereof.
This DIP Commitment Letter may not be amended, or any provision hereof waived or modified, except by written agreement signed by the Debtors and the Required DIP Commitment Parties (which amendment, waiver or modification may be effected via email); provided, that any amendment or other modification hereof that affects the rights or obligations of the DIP Agent or the DIP Arranger shall require the consent of the DIP Agent or the DIP Arranger, as applicable.
You further acknowledge that each of the DIP Arranger, the DIP Agent and the DIP Commitment Parties and their respective Affiliates (collectively, the “Group”) is a full service securities firms engaged in securities trading and brokerage activities as well as providing investment banking and other financial services.
None of the DIP Arranger, the DIP Agent, any DIP Commitment Party, or any of their respective Related Persons will use in connection with the Transactions, or furnish to the Debtors, confidential information that the DIP Arranger, the DIP Agent, such Commitment Party or any of their Related Persons obtained or may obtain from any other person.
Section 5 (Confidentiality) and Section 7 (Sharing Information; Absence of Fiduciary Relationship) shall be superseded by the terms of the DIP Loan Documents governing such matters, to the extent that such terms are at least as favorable to the DIP Commitment Parties, DIP Agent and DIP Arranger as the provisions of this DIP Commitment Letter.
Further, the Debtors and their professional advisors engaged in substantial, arm’s-length bargaining with the DIP Arranger and its advisors over the core terms and conditions of the Exit ABL Letters.
PLEASE TAKE FURTHER NOTICE that copies of the DIP Arranger Motion and other pleadings for subsequent hearings may be obtained free of charge by visiting the website of Prime Clerk LLC at https://cases.primeclerk.com/ftr.
Notwithstanding the foregoing, all obligations of the Debtors to the DIP Agent, the DIP Arranger, and the DIP Lenders under the DIP Credit Agreement which are expressly stated in the DIP Credit Agreement as surviving such agreement’s termination shall, as so specified, survive without prejudice and remain in full force and effect.
Each Debtor is authorized to enter into and perform its respective obligations under the applicable Commitment/Fee Letters, including in connection with the commitment by the DIP Arranger to provide up to $629,420,912 of proposed exit financing facilities on the terms, and subject to the conditions, set forth in the applicable Commitment/Fee Letters and, the DIP Documents and this Order.