DIP Facility Orders definition
Examples of DIP Facility Orders in a sentence
The Debtors are authorized pursuant to the DIP Facility Orders to borrow and spend in accordance with the DIP Budget, the Advances pursuant to the DIP Loan Documents, and to pay all fees and charges required under the DIP Loan Documents.
The Superpriority Claims to be granted to the DIP Lender under the DIP Loan Documents and the DIP Facility Orders may not be the basis to avoid or recover any payments made for legitimate obligations of the Debtors pursuant to the then applicable DIP Budget (and the unfavorable 12% variance) in the ordinary course of business.
Nothing in the DIP Facility Orders shall prejudice the right of the DIP Lender in any sale approved by the Court that includes the Collateral to credit bid pursuant to section 363(k) of the Bankruptcy Code.
The Superpriority Claims to be granted to the Lender under this Agreement, the DIP Loan Documents and the DIP Facility Orders may not be the basis to avoid or recover any payments made for legitimate obligations of the Borrowers pursuant to the then applicable DIP Budget (and the unfavorable 12% variance) in the ordinary course of business.
Borrowers shall pay the Bankruptcy Fees; provided, however, that in no event shall any Bankruptcy Fees be payable by Borrowers until the same are properly payable in accordance with the provisions of the Term Sheet and the applicable DIP Facility Orders.
No obligation, payment, transfer or grant of security under the DIP Loan Documents or the DIP Facility Orders shall be stayed, restrained, voidable, or recoverable under the Bankruptcy Code or under any applicable law (including without limitation, under section 502(d) of the Bankruptcy Code), or subject to any defense, reduction, setoff, recoupment, counterclaim or subordination.
The provisions of the DIP Facility Orders shall be binding upon and inure to the benefit of the DIP Lender, the Debtors and their respective successors and assigns, including any trustee or other fiduciary hereafter appointed as a legal representative of the Debtors or the Debtors’ bankruptcy estates.
No reorganization plan proposed in the Chapter 11 Cases or confirmed in the Chapter 11 Cases shall alter the terms of repayment of any of the DIP Obligations as set forth in the DIP Loan Documents or alter or abrogate any of the rights or benefits afforded to the DIP Lender by the DIP Facility Orders, the DIP Loan Documents, the Final Borrowing Liens or Superpriority Claims.
All of the rights, remedies, benefits, and protections provided to the DIP Lender under the DIP Facility Orders and the DIP Loan Documents shall survive the Maturity Date until all DIP Obligations shall have been indefeasibly paid and satisfied in full and in cash.
The Debtors are directed to perform under, and satisfy all DIP Obligations arising under the DIP Loan Documents, in accordance with their terms and the DIP Facility Orders.