Examples of DIP Term Documents in a sentence
The DIP Term Documents will include yield protection provisions usual and customary for debtor-in-possession financings of this type and substantially consistent with the yield protection provisions under the Senior DIP Credit Agreement.
Except to the extent expressly set forth in this Agreement, the DIP ABL Agent, for itself and on behalf of the DIP ABL Lenders, agrees that none of the DIP ABL Agent or the DIP ABL Lenders will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the DIP Term Agent or any DIP Term Lender under the DIP Term Documents with respect to the DIP Term Priority Collateral.
The DIP Term Agent and any DIP Term Secured Party shall be entitled to manage and supervise their loans and extensions of credit under the DIP Term Documents as they may, in their sole discretion, deem appropriate, and may manage their loans and extensions of credit without regard to any rights or interests that the DIP ABL Agent or any DIP ABL Lender has in the Collateral, except as otherwise expressly set forth in this Agreement.
The DIP ABL Agent, on behalf of itself and the DIP ABL Lenders, agrees that none of the DIP Term Agent or any DIP Term Secured Party shall incur any liability as a result of a sale, lease, license, application, or other disposition of the Collateral or any part or Proceeds thereof, pursuant to the DIP Term Documents, so long as such disposition is conducted in accordance with mandatory provisions of applicable law and does not breach the provisions of this Agreement.
No priority or right of the DIP Term Agent or any DIP Term Lender shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of any DIP ABL Borrower, any DIP ABL Guarantor, the DIP Term Borrower, or any DIP Term Guarantor or by the noncompliance by any Person with the terms, provisions, or covenants of the DIP Term Credit Agreement or any of the other DIP Term Documents, regardless of any knowledge thereof which the DIP Term Agent or any DIP Term Lenders may have.
Except to the extent expressly set forth in this Agreement, the DIP ABL Agent, for itself and on behalf of the DIP ABL Lenders, agrees that none of the DIP ABL Agent or the DIP ABL Lenders will take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the DIP Term Agent or any DIP NYDOCS02/867883.5 15 Term Secured Party under the DIP Term Documents with respect to the DIP Term Priority Collateral.
The DIP Term Agent represents and warrants to the DIP ABL Agent that it has the requisite power and authority under the DIP Term Documents to enter into, execute, deliver, and carry out the terms of this Agreement on behalf of itself and the DIP Term Lenders.
The DIP Term Agent represents and warrants to the DIP ABL Agent that it has the requisite power and authority under the DIP Term Documents to enter into, execute, deliver, and carry out the terms of this Agreement on behalf of itself and the DIP Term Secured Parties.
The DIP ABL Agent, on behalf of itself and the DIP ABL Lenders, agrees that none of the DIP Term Agent or the DIP Term Lenders shall incur any liability as a result of a sale, lease, license, application, or other disposition of the Collateral or any part or Proceeds thereof, pursuant to the DIP Term Documents, so long as such disposition is conducted in accordance with mandatory provisions of applicable law and does not breach the provisions of this Agreement.
The DIP Term Agent and the DIP Term Lenders shall be entitled to manage and supervise their loans and extensions of credit under the DIP Term Documents as they may, in their sole discretion, deem appropriate, and may manage their loans and extensions of credit without regard to any rights or interests that the DIP ABL Agent or any DIP ABL Lender has in the Collateral, except as otherwise expressly set forth in this Agreement.