Examples of DIP Term Loan Credit Facility in a sentence
Given their current financial condition, financing arrangements, and capital structure, the Debtors have been and continue to be unable to obtain term loan financing from sources other than the DIP Term Loan Secured Parties on terms more favorable than the DIP Term Loan Credit Facility.
During the Remedies Notice Period, DIP Term Loan Secured Parties shall not be required to consent to the use of any Cash Collateral or provide any loans or other financial accommodations under the DIP Term Loan Credit Facility other than for the payment of accrued and unpaid employee wages and benefits otherwise payable in the ordinary course and in accordance with the Approved Budget and subject to paragraph 38 and availability under the DIP Term Loan Credit Agreement.
Term Loan Parties, Prepetition ABL Secured Parties, and Prepetition Term Loan Parties each shall be bound by, and in all respects of the DIP ABL Credit Facility and DIP Term Loan Credit Facility shall be governed by, and be subject to all the terms, provisions, and restrictions of the DIP Intercreditor Agreement, except as may be expressly modified by this Final Order.
The DIP Term Loan Credit Facility is a Term Loan Document as that term is used in the DIP Intercreditor Agreement.
The DIP Term Loan Credit Facility is the best source of term loan debtor in possession financing available to the Debtors.
Nothing in the Interim Orders or this Final Order shall authorize the disposition of any assets of the Debtors outside the ordinary course of business, or any Debtor’s use of any Cash Collateral or other proceeds resulting therefrom, except as permitted in this Final Order (including with respect to the Carve Out), the DIP Term Loan Credit Facility, the DIP Term Loan Documents, and in accordance with the Approved Budget (subject to such variances as permitted in the DIP Term Loan Credit Agreement).
Subject to the terms and conditions of this Final Order, the DIP Term Loan Credit Facility and the DIP Term Loan Documents and in accordance with the Approved Budget (subject to variances as permitted in the DIP Term Loan Credit Agreement), the Debtors were authorized pursuant to the Interim Orders and hereby are authorized to use Term Loan Cash Collateral until the Termination Date.
None of the DIP Term Loan Secured Parties’ consent (if any) to, or acknowledgement of, the Approved Budget shall be construed as consent to use the proceeds of the DIP Term Loan Credit Facility or Cash Collateral beyond the respective maturity dates set forth in the DIP Term Loan Documents, regardless of whether the aggregate funds shown on the Approved Budget have been expended.
The credit to be extended under the DIP Term Loan Credit Facility shall be deemed to have been allowed, advanced, made, or extended in good faith by the DIP Term Loan Secured Parties within the meaning of section 364(e) of the Bankruptcy Code.
Nothing in the Interim Orders or this Final Order shall be construed to constitute a substantive consolidation of any of the Debtors’ estates, itbeing understood, however, that the Borrowers and the DIP Term Loan Guarantors shall be jointly and severally liable for the obligations hereunder and all DIP Term Loan Obligations in accordance with the terms hereof and of the DIP Term Loan Credit Facility and the DIP Term Loan Documents.