Examples of DIP Loan and Security Agreement in a sentence
The Debtor has obtained the consent to the terms of the DIP Loan and Security Agreement and the proposed orders of pre- petition secured lender BNYH AMN Holdings, LLC and BNYH AMN Holdings, LLC (together, "BNYH"), which has a secured lien on all assets of the Debtor's estate in the amount of$15,826,441.13.
Until the Closing Date, the Letter of Credit fees with respect to all DIP Letters of Credit shall accrue and be payable at the rates set forth in the DIP Loan and Security Agreement and on and after the Closing Date such fees shall accrue and be payable at the rates set forth herein.
Subject to the Orders, if any Event of Default shall have occurred and be continuing, Lender, in its sole and absolute discretion, may (i) declare the principal of DIP Loan and Security Agreement 0000-0000-0000 v.
Thus, the terms and conditions of the DIP Loan and Security Agreement were negotiated by the parties in good faith and at arms' length and, as outlined above, were instituted for the purpose of enabling the Debtor to meet ongoing operational expenses while in chapter 11 to preserve the going concern status of the Debtor as well as the value of the Collateral for the Sale of the assets pursuant to the Sale Motion.44.
Without limiting the generality of clause (c) of the DIP Loan and Security Agreement 0000-0000-0000 v.
The obligation of Lender to issue any Letter of Credit or make any other Loan subsequent to the initial Loan is subject to the following conditions precedent: DIP Loan and Security Agreement 0000-0000-0000 v.3.
Each Guarantor further agrees that this Agreement shall not be DIP Loan and Security Agreement 0000-0000-0000 v.
No Indemnified Party shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnified Party through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby other than DIP Loan and Security Agreement 0000-0000-0000 v.
The Debtors shall not sell, transfer, lease, encumber or otherwise dispose of any portion of the DIP Collateral outside of the ordinary course of business without the prior written consent of the Lender, and the proceeds of any such sale, transfer, lease, encumbrance or other disposition shall be turned over to the Lender to satisfy any outstanding DIP Obligations in accordance with the terms of the DIP Loan and Security Agreement.
The terms and provisions of the DIP Loan and Security Agreement concerning the indemnification of the Lender shall continue in these Chapter 11 cases and any Successor Case, or following dismissal of these Chapter 11 cases or any Successor Case, and following termination of the DIP Documents and/or the repayment of the DIP Obligations.