DIP Indebtedness definition

DIP Indebtedness means all “DIP Obligations” as defined in the DIP Order.
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DIP Indebtedness means the aggregate outstanding Post-Petition advances and claims incurred pursuant to the DIP Financing Order.
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DIP Indebtedness means, at the time of determination, all principal, interest and other amounts then outstanding in respect of the debtor-in-possession loans (other than loans made pursuant to the Junior Subordinated Credit Facility) made by HOC or any of its Affiliates to HJC pursuant to orders of the Bankruptcy Court entered at any time on or before the Effective Date.
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Examples of DIP Indebtedness in a sentence

  • If any of the provisions of this Order are hereafter modified, vacated or stayed by subsequent order of this or any other Court, such stay, modification or vacatur shall not affect the validity of any DIP Indebtedness outstanding immediately prior to the effective time of such stay, modification or vacation, or the validity and enforceability of any lien, priority, right, privilege or benefit authorized hereby with respect to any such DIP Indebtedness or Replacement Collateral.

  • Without limiting the generality of the foregoing, the Lenders may petition this Court for any such additional protection it may reasonably require with respect to the Prepetition Indebtedness, the DIP Indebtedness or otherwise, and nothing in this Order constitutes a finding with respect to the adequacy of the protection of the Lenders’ interests in the Prepetition Collateral.

  • In addition, except to the extent otherwise expressly set forth in this Order, or in a written instrument, agreement or other document executed by one or more duly authorized representatives of the Lenders, no liens or security interests granted to the Lenders under this Order securing the DIP Collateral, and none of the DIP Indebtedness, shall be subject to subordination to any other liens, security interests or claims under section 510 of the Bankruptcy Code or otherwise.

  • The Lenders shall not be under any obligation to marshal any assets in favor of the Debtors or any other party or against or in payment of any or all of the DIP Indebtedness.

  • Notwithstanding the foregoing, if the Lenders in their sole discretion advance funds or other extensions of credit up to $250,000 in excess of the Commitment, such advances shall constitute DIP Indebtedness entitled to the benefits of the DIP Loan Documents and this Order.

  • This Order is without prejudice to the Lenders’ right to seek, and the Debtors’ right to request that the Court provide, in the Final Order, as additional security for the DIP Indebtedness, liens and security interests in and to all causes of action arising under the Bankruptcy Code including avoidance actions against the Lenders under Bankruptcy Code sections 544 through 553 inclusive, and proceeds thereof (collectively, the “Avoidance Actions”).

  • Notwithstanding any such stay, modification or vacatur, any DIP Indebtedness outstanding immediately prior to the effective time of such modification, stay or vacatur shall be governed in all respects by the original provisions of this Order, and the Lenders shall be entitled to all the rights, privileges and benefits, including, without limitation, the security interests and priorities granted herein.

  • Pursuant to the Final Order, the Lenders’ security interest in Chapter 5 claims is only to the extent of the DIP Indebtedness unless provided for in the Prepetition Loan Documents.

  • Class 3 shall consist of all Secured Claims of the DIP Lender represented by, related to, arising under or in connection with the DIP Indebtedness and/or DIP Loan Claims to the extent secured by the assets of the Debtors pursuant to the DIP Financing Order.

  • The Subsequent DIP Indebtedness As of the date hereof, the District does not owe any Subsequent DIP Indebtedness.


More Definitions of DIP Indebtedness

DIP Indebtedness means, at the time of determination, all principal, interest and other amounts then outstanding in respect of the debtor-in-possession loans made by HET and its Affiliates to JCC Holding and its Subsidiaries pursuant to orders of the Bankruptcy Court entered at any time on or before the Effective Date.
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DIP Indebtedness means all indebtedness and obligations incurred on or after the Petition Date by Debtors to Congress pursuant to the Financing Agreements (including, without limitation, principal, accrued and unpaid interest and costs and expenses, including reasonable attorneys' fees and expenses).
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DIP Indebtedness means all obligations and indebtedness of Seller and its Affiliates to Buyer or any Affiliate of Buyer, whether now or hereafter owing or existing, including, without limitation, the DIP Loan, all obligations under the DIP Loan Agreement, and all other obligations or undertakings made by or for the benefit of Seller or any of its Affiliates to or for the benefit of Buyer or any Affiliate of Buyer under any other loan agreement, promissory note or undertaking now existing or hereafter entered into by Seller (or any of its Affiliates) with Buyer or any Affiliate of Buyer, together with all interest and other sums payable in connection with any of the foregoing, as allowed by Order(s) of the Bankruptcy Court.
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DIP Indebtedness. DIP Loan Documents," "Loan Payment Date," "Prior Claims" and "Carve-Out" shall have the meanings set forth in the Final Financing Order.
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DIP Indebtedness means all “DIP Obligations” as defined in the DIP Order. “DIP Lender” shall have the same meaning given such term in the DIP Order.
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DIP Indebtedness means all obligations and indebtedness of Seller and its Affiliates to Buyer or any Affiliate of Buyer, whether now or hereafter owing or existing, including, without limitation, the New Money DIP Loan, the Existing Loans, all obligations under the Existing Loan Documents (as defined in the DIP Loan Agreement), all obligations under the DIP Loan Agreement, and all other obligations or undertakings made by or for the benefit of Seller or any of its Affiliates to or for the benefit of Buyer or any Affiliate of Buyer under any other loan agreement, promissory note or undertaking now existing or hereafter entered into by Seller (or any of its Affiliates) with Buyer or any Affiliate of Buyer, together with all interest and other sums payable in connection with any of the foregoing, as allowed by Order(s) of the Bankruptcy Court.
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Related to DIP Indebtedness

  • Subordinate Indebtedness means all present and future indebtedness, obligations, and liabilities of Borrower to Subordinate Lender under or in connection with the Subordinate Loan or the Subordinate Loan Documents.

  • Second Lien Indebtedness means the Indebtedness of the Loan Parties owing to the Second Lien Agent and the Second Lien Lenders under the Second Lien Credit Agreement, which Indebtedness is on terms and conditions reasonably acceptable to the Collateral Agent.

  • First Lien Indebtedness means the Indebtedness under the First Lien Indebtedness Documents.

  • Unsecured Indebtedness means, with respect to any Person, all Indebtedness of such Person for borrowed money that does not constitute Secured Indebtedness.

  • Company Indebtedness means all indebtedness of the Company (including without limitation, any loans, advances, letters of credit, bank overdrafts, capital lease obligations and all other indebtedness of any kind including interest, principal and fees).

  • Priority Indebtedness means the sum, without duplication, of all Indebtedness of the Guarantor or any of its Subsidiaries secured by Liens other than Permitted Liens.

  • Balloon Indebtedness means Long-Term Indebtedness, 25% or more of the original principal amount of which becomes due (either by maturity or mandatory redemption) during any consecutive twelve-month period, if such principal amount becoming due is not required to be amortized below such percentage by mandatory redemption or prepayment prior to such twelve-month period.

  • Secured Indebtedness means any Indebtedness secured by a Lien.

  • Consolidated First Lien Indebtedness means Consolidated Total Indebtedness as of any date of determination that is secured by a Lien on any asset or property of the Borrower and its Restricted Subsidiaries, which Lien does not rank junior in priority to the Liens securing the Secured Obligations.

  • Intercompany Indebtedness means Indebtedness of Company or any of their respective Subsidiaries which is owing to any member of such group.

  • Senior Unsecured Indebtedness means Indebtedness that is not subordinated to any other Indebtedness and is not secured or supported by a guarantee, letter of credit or other form of credit enhancement.

  • Refinanced Indebtedness shall have the meaning provided in the definition of the term “Permitted Refinancing Indebtedness”.

  • Indebtedness means, as to any Person at a particular time, without duplication, all of the following, whether or not included as indebtedness or liabilities in accordance with GAAP:

  • Junior Lien Indebtedness means any Indebtedness (other than any ABL Facility) that is secured by a junior Lien to the Lien securing the Secured Obligations and that was permitted to be incurred and so secured hereunder.

  • Permitted Unsecured Indebtedness means Indebtedness of Holdings or the Borrower (a) that is not (and any Guarantees thereof by Subsidiaries or Holdings are not) secured by any collateral (including the Collateral), (b) that does not mature earlier than the Latest Maturity Date then in effect, and has a weighted average life to maturity no shorter than the Class of Term Loans with the Latest Maturity Date in effect at the time of incurrence of such Indebtedness, (c) that does not provide for any amortization, mandatory prepayment, redemption or repurchase (other than upon a change of control, fundamental change, customary asset sale or event of loss mandatory offers to purchase and customary acceleration rights after an event of default and, for the avoidance of doubt, rights to convert or exchange in the case of convertible or exchangeable Indebtedness) prior to the date that is the Latest Maturity Date then in effect, (d) that shall not include any financial maintenance covenants and applicable negative covenants shall be incurrence-based and that shall contain covenants, events of default and other terms that, when taken as a whole (other than interest rates, rate floors, fees and optional prepayment or redemption terms) are not materially more restrictive to Holdings and its Subsidiaries than, those set forth in the Loan Documents; provided, that, a Financial Officer of Holdings shall have delivered a certificate to the Administrative Agent at least two (2) Business Days prior to the incurrence of such Indebtedness or the modification, refinancing, refunding, renewal or extension thereof (or such shorter period of time as may reasonably be agreed by the Administrative Agent), together with a summary of the material terms and conditions of such resulting Indebtedness, stating that Holdings has determined in good faith that such material terms and conditions satisfy the requirements set forth in this clause (d), which determination shall be conclusive, and (e) that is not guaranteed by any Person other than on an unsecured basis by Holdings and Subsidiaries that are Subsidiary Loan Parties.

  • Related Indebtedness means any and all indebtedness paid or payable by Borrower to Administrative Agent or any Lender pursuant to any Loan Document other than any Note.

  • Subordinated Indebtedness means any Indebtedness of the Borrower or any Subsidiary the payment of which is subordinated in right to the Loan Obligations.

  • Senior Secured Indebtedness means, as of any date of determination, the principal amount of any Indebtedness for borrowed money that is secured by a Lien.

  • Convertible Indebtedness means Indebtedness of the Parent that is convertible into common Equity Interests of the Parent (and cash in lieu of fractional shares) and/or cash (in an amount determined by reference to the price of such common Equity Interests).

  • Acquisition Indebtedness any Indebtedness of the Company or any of its Subsidiaries that has been issued for the purpose of financing, in whole or in part, a Material Acquisition and any related transactions or series of related transactions (including for the purpose of refinancing or replacing all or a portion of any pre-existing Indebtedness of the Company, any of its Subsidiaries or the person(s) or assets to be acquired); provided that (a) the release of the proceeds thereof to the Company and its Subsidiaries is contingent upon the consummation of such Material Acquisition and, pending such release, such proceeds are held in escrow (and, if the definitive agreement (or, in the case of a tender offer or similar transaction, the definitive offer document) for such acquisition is terminated prior to the consummation of such Material Acquisition or if such Material Acquisition is otherwise not consummated by the date specified in the definitive documentation relating to such Indebtedness, such proceeds shall be promptly applied to satisfy and discharge all obligations of the Company and its Subsidiaries in respect of such Indebtedness) or (b) such Indebtedness contains a “special mandatory redemption” provision (or other similar provision) or otherwise permits such Indebtedness to be redeemed or prepaid if such Material Acquisition is not consummated by the date specified in the definitive documentation relating to such Indebtedness (and if the definitive agreement (or, in the case of a tender offer or similar transaction, the definitive offer document) for such Material Acquisition is terminated in accordance with its terms prior to the consummation of such Material Acquisition or such Material Acquisition is otherwise not consummated by the date specified in the definitive documentation relating to such Indebtedness, such Indebtedness is so redeemed or prepaid within 90 days of such termination or such specified date, as the case may be).

  • Settlement Indebtedness means any payment or reimbursement obligation in respect of a Settlement Payment.

  • Secured Recourse Indebtedness means the portion of Secured Indebtedness that is not Non-Recourse Debt.

  • Assumed Indebtedness means Indebtedness of a Person which is (a) in existence at the time such Person becomes a Restricted Subsidiary of the Borrower or (b) is assumed in connection with an Investment in or acquisition of such Person, and has not been incurred or created by such Person in connection with, or in anticipation or contemplation of, such Person becoming a Restricted Subsidiary of the Borrower.

  • Permitted Secured Indebtedness any Secured Indebtedness that:

  • Project Finance Indebtedness means any present or future indebtedness incurred to finance the ownership, acquisition, development and/or operation of an asset, whether or not an asset of a member of the Group: