DIP Facility Termination Date definition

DIP Facility Termination Date with respect to the DIP Facility shall be the earliest of (a) the Scheduled Termination Date (as defined below); (b) seven (7) calendar days after the Petition Date (or such later date as the Required DIP Lenders may agree in their reasonable discretion) if the Interim DIP Order has not been entered prior to such date; (c) 40 calendar days after the entry of the Interim DIP Order (or such later date as the Required DIP Lenders may agree in their reasonable discretion) unless the Final DIP Order has been entered by such date; (d) the substantial consummation (as defined in Section 1101 of the Bankruptcy Code and which for purposes hereof shall be no later than the “effective date” thereof) of a plan of reorganization filed in the Cases that is confirmed pursuant to an order entered by the Bankruptcy Court; and (e) the acceleration of the DIP Loans and the termination of the commitments with respect to such DIP Facility in accordance with the DIP Loan Documents. “Scheduled Termination Date” means March 31, 2017. “Final DIP Order” means a final order of the Bankruptcy Court authorizing the DIP Facility in substantially the form of the Interim DIP Order, with only such modifications as are satisfactory to the Required DIP Lenders in their sole discretion.
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DIP Facility Termination Date means the earliest of:
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DIP Facility Termination Date shall be the earliest of (a) the Scheduled Termination Date (as defined below), (b) the consummation of any Section 363 sale, (c) the effective date of a plan of reorganization filed in the Chapter 11 Cases that is confirmed pursuant to an order entered by the Bankruptcy Court or (d) the acceleration of the notes and the termination of the commitment with respect to the Second Lien DIP Facility in accordance with the DIP Documents (as defined below).
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Examples of DIP Facility Termination Date in a sentence

  • The Borrower shall repay in full the unpaid principal amount of each Loan upon the DIP Facility Termination Date.

  • If the Borrowers file a reorganization plan with the Bankruptcy Court in accordance with clause (g) above or file the final bid with the Bankruptcy Court in accordance with clause (h) above, and no default or Event of Default has occurred, the DIP Facility Termination Date (as such terms are defined in the DIP Loan Documents) shall be extended from June 1, 2009 to September 1, 2009.

  • DIP Facility Termination Date: All DIP Obligations shall become due and payable on theDIP Facility Termination Date.

  • FEES: (a) Monthly Unused Line Fee: one quarter or one percent (0.25%) per annum of the daily average of the Unused Amount; (b) Monthly Cash Management Fees: (c) upon demand, (i) Collateral Exam fees; and (ii) Appraisal fees.SCHEDULED REPAYMENTS: MANDATORY PREPAYMENTS: COLLATERAL (THE “COLLATERAL”): CONDITIONS PRECEDENT:The DIP Facility balances will be due on the DIP Facility Termination Date.

  • The full KPMG VfM reports should be viewed in full to understand the scope of analysis (including what impacts have or have not been captured in the Value for Money assessment) and caveats and assumptions to the analysis which must be taken into account when interpreting the results.

  • Upon such DIP Facility Termination Date, the principal, all accrued interest and fees and all other Post-Petition Obligations shall be immediately due and payable and the DIP Agents and the DIP Lenders shall have all other rights and remedies provided in this Order, the other DIP Loan Documents and applicable law.

  • Subject to the DIP Interim Order, and when applicable, the DIP Final Order, the Issuers shall repay to each DIP Noteholder an amount equal to the entire remaining outstanding principal amount of such DIP Noteholder’s Notes on the DIP Facility Termination Date.

  • Notwithstanding the provisions of Section 362 of the Bankruptcy Code, and subject to the applicable provisions of the DIP Interim Order or the DIP Final Order, as the case may be, upon the DIP Facility Termination Date (whether by acceleration or otherwise of the Obligations), the Agent and DIP Noteholders shall be entitled to immediate payment of such Obligations and to enforce the remedies provided for hereunder or under applicable law.

  • Revolving advances made and the letters of credit issued (or renewed) under the DIP Facility from and after the DIP Facility Effective Date (defined herein) until the DIP Facility Termination Date (defined herein) shall be governed by the terms and conditions of the Credit Agreement, the Loan Documents and this Interim Order, including, without limitation, the terms and conditions governing the applicable interest rates.

  • As the finance manager of an automobile manufacturer remarked, “Certainly the people that we’re comfortable with, that cooperate with us, would tend to get a little bit better service than some of the people that really cause us problems.” Id. at 200.


More Definitions of DIP Facility Termination Date

DIP Facility Termination Date with respect to the DIP Facility shall be the earliest of (a) the Scheduled Termination Date (as defined below); (b) seven (7) calendar days after the Petition Date (or such later date as the Required DIP Lenders may agree in their reasonable discretion) if the Interim DIP Order has not been entered prior to such date; (c) 40 calendar days after the entry of the Interim DIP Order (or such later date as the Required DIP Lenders may agree in their reasonable discretion) unless the Final DIP Order has been entered by such date; (d) the substantial consummation (as defined in Section 1101 of the Bankruptcy Code and which for purposes hereof shall be no later than the “effective date” thereof) of a plan of reorganization filed in the Cases that is confirmed pursuant to an order entered by the Bankruptcy Court; and (e) the acceleration of the DIP Loans and the termination of the commitments with respect to such DIP Facility in accordance with the DIP Loan Documents. “Scheduled Termination Date” means March 31, 2017. “Final DIP Order” means a final order of the Bankruptcy Court authorizing the DIP Facility in substantially the form of the Interim DIP Order, with only such modifications as are satisfactory to the Required DIP Lenders in their sole discretion. Use of Proceeds: The proceeds of the DIP Facility and any Cash Collateral shall be used only for the following, in each case subject to the terms, conditions and amounts herein and the agreed Rolling Budget (subject to permitted variances) from time to time (the “Approved Purposes”): (a) working capital and general corporate purposes in accordance with the Rolling Budget (subject to permitted variances); (b) professional fees and expenses whether or not in accordance with the Rolling Budget; and (c) Bankruptcy Court approved administrative expenses for estate professionals and such other expenses to which the Required DIP Lenders may consent in their sole direction. As between the DIP Facility and Cash Collateral, Cash Collateral shall be used first for the Approved Purposes unless otherwise agreed by the Required DIP Lenders in their reasonable discretion.
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DIP Facility Termination Date. The termination date with respect to the DIP Facility shall be the earliest of (a) May 21, 2019 (the “Scheduled Termination Date”), (b) 45 days after the entry of the Interim Order if the Final Order has not been entered prior to the expiration of such 45-day period (as such period may be extended with the consent of the Required Lenders), (c) the substantial consummation (as defined in Section 1101 of the Bankruptcy Code and which for purposes hereof shall be no later than the “effective date” thereof) of a chapter 11 plan filed in the Cases that is confirmed pursuant to an order entered by the Bankruptcy Court, (d) the acceleration of the loans and the termination of commitments thereunder with respect to the DIP Facility in accordance with the DIP Loan Documents (as defined below) and (e) a sale of all or substantially all of the assets of the Company (or the Company and the Guarantors) pursuant to Section 363 of the Bankruptcy Code. Exit: Notwithstanding the foregoing, if the chapter 11 plan is acceptable to the Required Lenders and at the election of the Debtors, the DIP Facility will not be due and payable on the effective date of such chapter 11 plan but will, at the Company’s election term out over the course of 4 years at the same interest rate described in “Interest Rates” below and on other mutually acceptable terms (the “Roll-Over Option”), which, at the Required Lenders’ election, may be in the form of term loans and/or notes, in each case, evidenced by documentation customary for exit financings that are reasonably acceptable to the DIP Facility Administrative Agent, Required Lenders and the Borrowers.
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DIP Facility Termination Date shall be the earliest of (a) the Scheduled Termination Date (as defined below), (b) the consummation of any Section 363 sale, (c) the effective date of a plan of reorganization filed in the Chapter 11 Cases that is confirmed pursuant to an order entered by the Bankruptcy Court or (d) the acceleration of the notes and the termination of the commitment with respect to the Second Lien DIP Facility in accordance with the DIP Documents (as defined below). “Scheduled Termination Date” means the date that is 24 months from the date the Second Lien DIP Facility is funded. Equity Conversion Upon the Effective Date, the Second Lien DIP Notes shall be subject to conversion to Reorganized EFH Common Stock, on the terms set forth in the Restructuring Support Agreement, the Equity Conversion Term Sheet, and the Conversion Agreement (as defined in the Equity Conversion Term Sheet). If the Equity Conversion does not occur, the Tranche B Notes shall convert to Tranche A-2 Notes. Use of Proceeds Proceeds of the Second Lien DIP Facility will be used (together with cash on hand and proceeds of the EFIH First Lien DIP Financing) to (i) repay in full all outstanding principal plus accrued and unpaid interest at the non-default rate due and owing under the EFIH Second Lien Notes (which shall not include any alleged premiums, fees or claims relating to the repayment of such Claims) to Non-Settling EFIH Second Lien Note Holders and (ii) repay the EFIH Second Lien Notes held by Settling EFIH Second Lien Note Holders in accordance with the EFIH Second Lien Settlement (clauses (i) and (ii) collectively, the “Second Lien Refinancing”).
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DIP Facility Termination Date means the earliest of: (a) the Stated Maturity Date;
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Related to DIP Facility Termination Date

  • Facility Termination Date means the date as of which all of the following shall have occurred: (a) the Commitments have terminated, (b) all Obligations have been paid in full (other than contingent indemnification obligations), and (c) all Letters of Credit have terminated or expired (other than Letters of Credit as to which other arrangements with respect thereto satisfactory to the Lender shall have been made).

  • Revolving Facility Termination Date means the earlier of (i) August 9, 2018, or (ii) the date that the Commitments have been terminated pursuant to Section 8.02.

  • Availability Termination Date the earlier of (i) the date that is the seventh anniversary of the Closing Date and (ii) the date on which the Administrative Agent delivers to the Servicer a notice of termination as a result of a Termination Event in accordance herewith (or the date on which such termination becomes effective automatically pursuant to Section 7).

  • Term Loan Termination Date means the earlier to occur of (a) the Term Loan Maturity Date and (b) the acceleration of the Term Loans in accordance with the terms hereof.

  • Revolver Termination Date means the date that is the three (3) year anniversary of the Effective Date, unless extended with the consent of each Lender in its sole and absolute discretion.

  • Loan Termination Date means the earliest to occur of the following: (i) as to the REVOLVING NOTES, November 1, 2012, as to the TERM NOTES, October 31, 2016, (ii) the date the OBLIGATIONS are accelerated pursuant to this AGREEMENT, and (iii) the date ADMINISTRATIVE AGENT has received (a) notice in writing from BORROWER of BORROWER’s election to terminate this AGREEMENT and (b) indefeasible payment in full of the OBLIGATIONS.

  • Liquidity Termination Date means the earlier to occur of (a) May 12, 2014, as such date may be extended from time to time by Three Pillars’ Liquidity Banks in accordance with the Liquidity Agreement, and (b) the occurrence of an Event of Bankruptcy with respect to Three Pillars.

  • Forbearance Termination Date means the earlier to occur of (i) the closing of a Transaction; (ii) October 31, 2001, or (iii) the date upon which the Forbearance Default occurs.

  • Escrow Termination Date has the meaning ascribed to such term in Section 9.12.

  • Revolving Loan Termination Date means the earlier of (a) the fifth anniversary of the Funding Date and (b) the date of termination in whole of the Aggregate Revolving Loan Commitment pursuant to Section 2.05(a) or Section 9.01 hereof.

  • Swingline Termination Date means the date which is 7 Business Days prior to the Termination Date.

  • Commitment Termination Date means the earliest to occur of (a) the Maturity Date, (b) the date the Commitments are permanently reduced to zero pursuant to Section 2.8, and (c) the date of the termination of the Commitments pursuant to Article VIII.

  • Standstill Termination Date means the earlier of (i) the first anniversary of the Board Rights Termination Date and (ii) the later of (A) the third anniversary of this Agreement or (B) the first anniversary of the date on which both the Purchaser Designated Director has resigned from the Board and the Purchaser has permanently waived and renounced the Purchaser’s Board observation rights and Board designation rights in Section 1 and Section 2 of this Agreement.

  • Agreement Termination Date is defined in Section 7.4.

  • Scheduled Commitment Termination Date means, unless otherwise extended pursuant to and in accordance with Section 2.14, the Payment Date occurring in May 2024.

  • Term Loan Commitment Termination Date means the earliest to occur of (a) the Amendment No. 9 Effective Date, (b) the date the Term Loan Commitments are permanently reduced to zero pursuant to 2.01(b) and (c) the date of the termination of the Term Loan Commitments pursuant to Section 9.01.

  • Senior Termination Date For each Senior Certificate Group, the Distribution Date on which the aggregate Class Certificate Balance of the related Classes of Senior Certificates has been reduced to zero.

  • Final Termination Date means the last date of the final year in which the Applicant is required to Maintain Viable Presence and as further identified in Section 2.3.E of this Agreement.

  • Extended Termination Date has the meaning specified in Section 2.16(c).

  • Mandatory Termination Date means the "Termination Date" set forth under "Investment Summary--Essential Information" in the Prospectus for the Trust.

  • Initial Termination Date has the meaning set forth in Section 8.2(a).

  • Outside Termination Date shall have the meaning set forth in Section 8.01(f).

  • Scheduled Termination Date means the date that is 364 days from (and including) the Effective Date, or any succeeding date to which the term of this Agreement is extended pursuant to Section 2.03.

  • Delayed Draw Term Loan Commitment Termination Date means the earliest to occur of (i) December 31, 2008, (ii) the date the Delayed Draw Term Loan Commitments are permanently reduced to zero pursuant to Section 2.1, and (iii) the date of the termination of the Delayed Draw Term Loan Commitments pursuant to Section 11.1.

  • Lease Termination Date means the last day of the Lease Term.