DIP Facility Warrants definition

DIP Facility Warrants means the warrants to acquire New Common Stock, if any, issued to the DIP Lenders pursuant to Article II.B, the terms of which are set forth in the DIP Facility Warrant Agreement.
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Examples of DIP Facility Warrants in a sentence

  • DIP Facility Warrants shall be issued to the DIP Lenders, if applicable pursuant to Article II.B.

  • DIP Facility Warrants may be issued to the DIP Lenders, if applicable pursuant to Article II.B.

  • The Court cannot now join Tech-Crete, LLC as a Defendant because doing so would put Nelson on both sides of this lawsuit and deprive theCourt of subject matter jurisdiction.

  • Table 33: Level of cultural opportunities available at school ResponsenPercentStrongly disagree25016.83Disagree36219.88Neutral1037628.32Agree1363437.21Strongly agree650817.76Total36640100.00Note that there are 3393 responses with missing values of level of cultural opportunities available at school.

  • The offer and issuance on the Effective Date, as provided in the Plan, of the APW Warrants, the DIP Facility Warrants and the APW Common Shares are being made by the Debtors in reliance upon the exemption from the registration requirements of the Securities Act afforded by Section 4(2) thereof and regulations promulgated thereunder.

  • Subsequent to the Effective Date, Reorganized APW will take all actions as may be required under Bermuda and other applicable law and authorize the issuance of such additional number of APW Common Shares for subsequent issuances in respect of the exercise of (a) the APW Warrants, (b) the New Warrants, (c) the DIP Facility Warrants and (d) warrants or options issued under the New Management Option Plan.

  • No fractional shares, or New Warrants or DIP Facility Warrants to purchase fractional shares, of APW Common Shares shall be distributed.

  • Pursuant to Section III.K of the Amended Plan, the holders of APW Common Shares issued pursuant to the Amended Plan, as set forth in Exhibit "G" to the First Plan Supplement, and the DIP Facility Warrants will, by acceptance of such shares or warrants, be bound by the terms of the Shareholders Agreement to the maximum extent permitted by applicable law, including the Bankruptcy Code.

  • Pursuant to the terms of the DIP Facility and the DIP Facility Warrants, the additional commitment fee of $750,000 will be used as a prepayment of the exercise price due upon exercise of the DIP Facility Warrants.

  • The offering, issuance, and distribution by Reorganized APW of the DIP Facility Warrants are exempt from the provisions of section 5 of the Securities Act and any state or local law requiring registration for the offer, issuance, distribution, or sale of a security by reason of section 4(2) of the Securities Act.

Related to DIP Facility Warrants

  • DIP Facility means the debtor-in-possession secured financing facility provided to the Debtors by the DIP Lenders pursuant to the DIP Credit Agreement as authorized by the Bankruptcy Court pursuant to the DIP Facility Order.

  • Exit Facility Lenders means each of the lenders under the Exit Facility Credit Agreement, solely in their respective capacities as such.

  • Backstop Commitment Agreement means that certain Backstop Commitment Agreement, by and between CEOC and the PropCo Preferred Backstop Investors party thereto from time to time, as the same may be amended, amended and restated, supplemented, or otherwise modified from time to time in accordance with its terms, the form of which shall be included in the Plan Supplement.

  • DIP Facility Documents means the DIP Credit Agreement and any other documents and agreements entered into in connection with the DIP Credit Agreement or the incurrence of the DIP Facility and any orders of the Bankruptcy Court related thereto or entered in connection therewith.

  • Second Lien Facility means the second lien term loan facility under the Second Lien Credit Agreement.

  • Revolver Notes means the promissory notes of the Borrower, substantially in the form of Exhibit B-1 hereto, evidencing the obligation of the Borrower to repay the Revolver Advances, together with all amendments, consolidations, modifications, renewals, substitutions and supplements thereto or replacements thereof and “Revolver Note” means any one of such Revolver Notes.

  • Exit Facility means a credit facility that will be entered into by the City, the Exit Facility Agent and the other financial institutions party thereto on the Effective Date on substantially the terms set forth on Exhibit I.A.119.

  • Backstop Commitment has the meaning set forth in Section 2.2(b).

  • DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.

  • Exit Facility Documents means, collectively, the Exit Credit Agreement, and all other agreements, documents, and instruments delivered or entered into in connection with the Exit Facility, including any guarantee agreements, pledge and collateral agreements, UCC financing statements or other perfection documents, intercreditor agreements, subordination agreements, fee letters, and other security documents.

  • Second Lien Debt means the indebtedness under the Second Lien Indenture Notes issued on the date hereof and guarantees thereof and all additional indebtedness incurred under any Additional Second Lien Documents and all additional indebtedness in respect of Additional Notes and guarantees thereof, in each case, that was permitted to be incurred and secured in accordance with the Secured Debt Documents and with respect to which the requirements of Section 4.04(b) have been (or are deemed) satisfied, and all Indebtedness incurred under any Second Lien Substitute Facility.

  • DIP Facilities means the DIP ABL Facility and the DIP Term Loan Facility.

  • Existing Revolving Credit Facility means the $600,000,000 (subject to increase in accordance with its terms) revolving credit facility evidenced by that certain Amended and Restated Revolving Credit Agreement dated as of June 14, 2022 by and among the Borrower, the Parent, the lenders from time to time party thereto as “Lenders”, and JPMorgan Chase Bank, N.A., as Agent.

  • Backstop Agreement has the meaning set forth in the recitals to this Agreement.

  • Existing Credit Facility means the credit facility evidenced by that certain Credit Agreement, dated as of October 26, 2006, by and among the Borrower, the lenders party thereto, and JPMCB, as administrative agent, as amended.

  • Term Loan Facility means the Term Loan Commitments and the provisions herein related to the Term Loans.

  • Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.

  • Bridge Facility means the Commitments and any Advances made thereunder.

  • Term Loan Facilities means the Term Loan A Facility and the Term Loan B Facility.

  • Credit Facility Documents means the collective reference to any Credit Facility, any notes issued pursuant thereto and the guarantees thereof, and the collateral documents relating thereto, as amended, supplemented, restated, renewed, refunded, replaced, restructured, repaid, refinanced or otherwise modified, in whole or in part, from time to time.

  • Bridge Notes means the series of notes, of which this Note is a part, dated on or about the date hereof, each of which are identical, other than the date of the Note, identity of the Holder and principal amount of this Note.

  • Credit Facility shall include any agreement or instrument (1) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (2) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (3) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (4) otherwise altering the terms and conditions thereof.

  • Extended Revolving Credit Facility means each Class of Extended Revolving Credit Commitments established pursuant to Section 2.15(a)(ii).

  • Exit Facility Agent means the agent under the Exit Facility.

  • Replacement Revolving Facility Commitments shall have the meaning assigned to such term in Section 2.21(l).

  • Revolving Loan Facility means the credit facility or portion thereof established by Lender in favor of Borrower for the purpose of providing working capital in the form of loans and/or Letters of Credit to finance the manufacture, production or purchase and subsequent export sale of Items pursuant to Loan Documents under which Credit Accommodations may be made and repaid on a continuous basis based solely on credit availability on the Export-Related Borrowing Base during the term of such credit facility