DIP Lender Winddown Order definition

DIP Lender Winddown Order means the Agreed Order, Pursuant to Sections 105, 361, 362 and
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DIP Lender Winddown Order means the Agreed Order, Pursuant to Sections 105, 361, 362 and 363 of the Bankruptcy Code, Bankruptcy Rules 2002, 4001, 9014 and 9019 and Local Bankruptcy Rule 4001-2 Approving (A) Winddown Funding for the Debtors' Estates and (B) Related Matters entered by the Bankruptcy Court on November 19, 2009 (Docket No. 5982) establishing, among other things, the terms and conditions of the use of the Liquidation Funds. A copy of the DIP Lender Winddown Order is attached hereto as PlanExhibit X.A.82.
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Examples of DIP Lender Winddown Order in a sentence

  • For the avoidance of doubt, the Liquidation Trust shall not use any of the DIP Collateral or the proceeds thereof to pay any Liquidation Trust Expenses except as provided herein, in the Winddown Budget or in the DIP Lender Winddown Order or as otherwise agreed in writing by the Government DIP Lenders.

  • The DIP Lender Winddown Order authorized these Liquidation Funds to be used to fund certain trust accounts to pay the Debtors' winddown costs (collectively, the "Trust Accounts").

  • In conjunction with the First Lien Winddown Order, the DIP Lender Winddown Order provides a funding mechanism for the winddown of the Debtors' assets and affairs and the conclusion of these cases.

  • This agreed order was signed by theDebtors, the U.S. Treasury, EDC and the Creditors' Committee and was entered by the Bankruptcy Court on November 19, 2009 (Docket No. 5982) (the "DIP Lender Winddown Order").

  • Notwithstanding anything to the contrary in the Plan or the DIP Lender Winddown Order, with the written agreement of each of the Government DIP Lenders, (a) any excess amount in a Trust Account after such account is used for its designated purpose or (b) any net proceeds of DIP Non- Liquidation Funds Collateral, may be transferred to another Liquidation Account.

  • Thus, to provide an opportunity for general unsecured creditors to achieve a recovery in these cases, the Government DIP Lenders agreed in the DIP Lender Winddown Order to release to the Debtors' Estates (or to a successor) their Lien on any proceeds actually received by the Debtors' Estates (or a successor) on account of the Daimler Litigation (the "Daimler Proceeds"), subject to certain conditions.

  • For the avoidance of doubt, the Liquidation Trust shall not use any of the DIP Collateral or the proceeds thereof to pay any Liquidation Trust Expenses except as provided in the Winddown Budget or in the DIP Lender Winddown Order or as otherwise agreed in writing by the Government DIP Lenders.

  • See Section V.I (Winddown Agreements with the Government DIP Lenders, the First Lien Lenders and the Creditors' Committee); see also the First Lien Winddown Order at ¶ 9 and the DIP Lender Winddown Order (as defined below) at ¶ 15.

  • The First Lien Winddown Order, in conjunction with the DIP Lender Winddown Order, resolves any potential disputes with respect to the validity of the security interests in and liens on the Company Cars by distributing 80% of the net proceeds from the sale or other disposition of such collateral (the "Car Proceeds") to the First Lien Lenders, and providing that the remaining 20% of the Car Proceeds (the "Remaining Share") will be treated under the terms of the DIP Lender Winddown Order.

  • Notwithstanding anything to the contrary in the Plan or the DIP Lender Winddown Order, with the written agreement of each of the Government DIP Lenders,(a) any excess amount in a Trust Account after such account is used for its designated purpose or (b) any net proceeds of DIP Non-Liquidation Funds Collateral, may be transferred to another Liquidation Account.

Related to DIP Lender Winddown Order

  • DIP Lender means a lender under the DIP Facility.

  • Confirmation Order means the order of the Bankruptcy Court confirming the Plan pursuant to section 1129 of the Bankruptcy Code.

  • Final Order means, as applicable, an order or judgment of the Bankruptcy Court or other court of competent jurisdiction with respect to the relevant subject matter that has not been reversed, stayed, modified, or amended, and as to which the time to appeal or seek certiorari has expired and no appeal or petition for certiorari has been timely taken, or as to which any appeal that has been taken or any petition for certiorari that has been or may be filed has been resolved by the highest court to which the order or judgment could be appealed or from which certiorari could be sought or the new trial, reargument, or rehearing shall have been denied, resulted in no modification of such order, or has otherwise been dismissed with prejudice.

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

  • 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.

  • 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

  • Sanction Order means the Court Order to be sought by the Participating CCAA Parties from the Court as contemplated under the Plan which, inter alia, approves and sanctions the Plan and the transactions contemplated thereunder, pursuant to section 6(1) of the CCAA, substantially in the form of Schedule “E” or otherwise in form and content acceptable to the Participating CCAA Parties, the Monitor and the Parent, in each case, acting reasonably;

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

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

  • DIP Lenders has the meaning assigned to such term in Section 2.05(b).

  • Final Financing Order means, the order of the Bankruptcy Court entered in the Chapter 11 Cases after a final hearing under Bankruptcy Rule 4001(c)(2) or such other procedures as approved by the Bankruptcy Court, which order shall be in form and substance reasonably satisfactory to the Agent and from which no appeal or motion to reconsider has been filed, together with all extensions, modifications and amendments thereto, in form and substance satisfactory to the Agent and the Required Lenders, which, among other matters but not by way of limitation, authorizes the Loan Parties to obtain credit, incur the Obligations, and grant Liens under this Agreement and the other Loan Documents, as the case may be, and provides for the super-priority of the claims of the Agent and Lenders, subject to the Carve- Out and Permitted Prior Liens.

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

  • PPP Lender means JPMorgan Chase Bank, N.A.

  • DIP Loan Any Loan (i) with respect to which the related Obligor is a debtor-in-possession as defined under the Bankruptcy Code, (ii) which has the priority allowed pursuant to Section 364 of the Bankruptcy Code and (iii) the terms of which have been approved by a court of competent jurisdiction (the enforceability of which is not subject to any pending contested matter or proceeding).

  • Final Cash Collateral Order means the Final Order (I) Authorizing Use of Cash Collateral, (II) Granting Adequate Protection, (III) Modifying the Automatic Stay to Permit Implementation, and (IV) Granting Related Relief [Docket No. 988] entered by the Bankruptcy Court on March 25, 2015, including all stipulations related thereto.

  • Credit Facility Agent means that certain agent, in its capacity as arranger and administrative agent under the Credit Agreement or any replacement or successor agent under the Credit Agreement.

  • Medication order means a written or verbal order from a

  • Loan Facility means the Revolving Loan Facility, the Transaction Specific Loan Facility or the Transaction Specific Revolving Loan Facility established by Lender in favor of Borrower under the Loan Documents.

  • Second Lien Loan Documents means the Second Lien Credit Agreement and the other “Loan Documents” under and as defined in the Second Lien Credit Agreement, as each such document may be amended, renewed, restated, supplemented or otherwise modified from time to time.

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

  • Second Lien Administrative Agent means the “Administrative Agent” as defined in the Second Lien Credit Agreement.

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

  • Revolving Loan Notes means with respect to any Borrower the promissory notes of such Borrower in favor of each Lender evidencing the Revolving Loans made to such Borrower and substantially in the form of Exhibit 2.7(a), as such promissory notes may be amended, modified, supplemented or replaced from time to time.

  • Majority Revolving Credit Facility Lenders the Majority Facility Lenders in respect of the Revolving Credit Facility.

  • Term Loan Administrative Agent means the administrative agent under the Term Loan Agreement

  • Term Loan Notes means the promissory notes of the Borrower (if any) in favor of any of the Term Loan Lenders evidencing the portion of the Term Loan provided by any such Term Loan Lender pursuant to Section 2.2(a), individually or collectively, as appropriate, as such promissory notes may be amended, modified, extended, restated, replaced, or supplemented from time to time.