Examples of DIP Notes in a sentence
Second Lien DIP Notes shall become due and payable on the DIP Facility Termination Date (as defined below), subject to the Equity Conversion.
For the avoidance of doubt, any transferee of Second Lien DIP Notes described above shall execute a joinder to the Restructuring Support Agreement as a precondition to any transfer described above becoming effective.
The Issuers may prepay the Second Lien DIP Notes subject to customary notice periods and payment of breakage costs and the Prepayment Fee (which payment may be waived upon the written consent of the Required Note Purchasers in their sole discretion, provided, however, that the Required Note Purchasers may not waive the Prepayment Fee with respect to the Tranche A-3 Notes).
The foregoing provisions are intended as an inducement to the holders of Lenders Debt, New Money DIP Notes, and Roll-Up Notes to extend credit and such holders are intended third party beneficiaries of such provisions and the provisions of the Intercreditor Agreement (as modified by the DIP Order), DIP Order and DIP Documents.
All references in the Loan Agreement or any related agreement or instrument to the Loan Agreement or the DIP Notes shall hereafter refer to the Loan Agreement or the DIP Notes as amended hereby.
Further, upon the Effective Date, Cyrus Capital Partners, L.P. shall be reimbursed for fees and expenses incurred by it in connection with the Chapter 11 Cases in an amount not to exceed $950,000, so long as it participates pro rata in the Rights Offering and Credit Bid Transaction on account of its Taj Senior Notes and Taj DIP Notes.
If requested by such DIP Notes Creditor, such DIP Notes Creditor shall have received an Officer’s Certificate from the Company certifying as to such matters of fact as such DIP Notes Creditor may reasonably specify to enable such DIP Notes Creditor to determine whether such purchase is so permitted.
If the rate of interest (determined without regard to the preceding sentence) under this Agreement at any time exceeds the Highest Lawful Rate, the outstanding amount of the DIP Notes issued hereunder shall bear interest at the Highest Lawful Rate until the total amount of interest due hereunder equals the amount of interest that would have been due hereunder if the stated rates of interest set forth in this Agreement had at all times been in effect.
The DIP Notes are not of the same class as securities of the Issuers listed on a national securities exchange, registered under Section 6 of the Exchange Act or quoted in aU.S. automated inter-dealer quotation system.
Borrowings under the DIP Notes Facility accrued interest on the outstanding principal balance at a rate per annum equal to, at the Debtors’ option, LIBOR plus 11.5% (with a LIBOR floor of 1.5%) or a specified base rate plus 9.25% (with a base rate floor of 3.75%).