Examples of DIP Term Lender in a sentence
Except as expressly set forth in this Agreement, each of the DIP Term Agent, each DIP Term Lender, the DIP ABL Agent, and each DIP ABL Lender shall have any and all rights and remedies it may have as a creditor under applicable law, including the right to the Exercise of Secured Creditor Remedies; provided, however, that the Exercise of Secured Creditor Remedies with respect to the Collateral shall be subject to the Lien Priority and to the provisions of this Agreement, including Section 4.1 hereof.
A DIP Term Lender's holdings shall include any loan that a DIP Term Lender has agreed to purchase pursuant to a binding purchase agreement or other trade document as of the date of the Plan Support Agreement (and shall exclude any loan that such DIP Term Lender has agreed to sell pursuant to a binding purchase agreement or other trade document), and the representation of a DIP Term Lender shall reflect such inclusion or exclusion.
In exercising remedies, whether as a secured creditor or otherwise, the DIP ABL Agent shall have no obligation or liability to the DIP Term Agent or to any DIP Term Lender, and the DIP Term Agent shall have no obligation or liability to the DIP ABL Agent or any DIP ABL Lender, regarding the adequacy of any Proceeds or for any action or omission, save and except solely for an action or omission that breaches the express obligations undertaken by each Party under the terms of this Agreement.
Voting Amendments and waivers of the DIP Term Facility will require the approval of DIP Term Lenders holding more than 50% of the outstanding Junior DIP Commitments and DIP Term Loans (the “Required DIP Term Lenders”), subject to customary exceptions for certain provisions which shall require the consent of each affected DIP Term Lender or all DIP Term Lenders and customary protections for the DIP Term Facility Agent.
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.
Nothing in this Interim Period Order or otherwise shall be construed to obligate the DIP ABL Agent, the DIP Term Loan Agent, the DIP ABL Secured Parties, and the DIP Term Lender, or the Debtors, in any way, to pay compensation to, or to reimburse expenses of, any Professional Person or to guarantee that the Debtors have sufficient funds to pay such compensation or reimbursement.
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.
As consideration for the agreements and commitments under this Commitment Letter, the Debtors collectively agree to pay to the Backstop Term Lenders (but not any Electing DIP Term Lender), at the initial funding of the DIP Facility, a non-refundable fee as original issue discount of 6.0% of the aggregate amount of all DIP Loans committed to be made hereunder, which fee shall be allocated to the Backstop Term Lenders according to the percentages set forth in Schedule I hereof (the “Backstop Premium”).
The DIP Term Agent, for and on behalf of itself and the DIP Term Lenders, agrees that no payment to the DIP ABL Agent or any DIP ABL Lender pursuant to the provisions of this Agreement shall entitle the DIP Term Agent or any DIP Term Lender to exercise any rights of subrogation in respect thereof until the Discharge of DIP ABL Obligations shall have occurred.
Each Backstop Lender’s Loans shall be repaid within two (2) Business Days of receipt of such funds and reduced proportionally on the Electing DIP Term Lender Funding Date with all the other Backstop Lenders.