Existing DIP Agreement definition

Existing DIP Agreement shall have the meaning provided in the preamble to this Agreement.
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Existing DIP Agreement shall have the meaning provided in the Recitals to this Agreement.
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Existing DIP Agreement the meaning set forth in the recitals hereto.
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Examples of Existing DIP Agreement in a sentence

  • All fees required to be paid on the Conversion Date pursuant to the Fee Letter and reasonable and documented out-of-pocket expenses required to be paid on the Conversion Date pursuant to the Existing DIP Agreement, in the case of expenses, to the extent invoiced at least three (3) Business Days prior to the Conversion Date, shall have been paid, or shall be paid substantially concurrently with, the initial Borrowings hereunder.

  • During the period from December 31 of the year ending immediately prior to the year during which the Closing Date occurs to and including the date hereof there has been no Disposition by the Global Entities of any material part of the business or property of the Global Entities, taken as a whole, except as otherwise permitted under the Existing DIP Agreement.

  • The Lenders shall have received reasonably satisfactory evidence that the obligations of the Borrower and each of its other debtor Subsidiaries with respect to the Existing DIP Agreement have been satisfied and discharged and any collateral in respect thereof released, except that letters of credit issued under the Existing DIP Agreement that are supported by cash or letters of credit issued under the Revolving Facility may remain outstanding.

  • The Existing DIP Agreement contemplates that, upon the satisfaction (or waiver) of certain conditions precedent to effectiveness, the loans made under the Existing DIP Agreement and the other commitments of the Existing DIP Lenders shall be converted to an exit financing facility for the Borrower contemporaneously with the occurrence of the effective date of the Plan of Reorganization (the “Plan Effective Date”), on the terms and subject to the conditions set forth herein.

  • Such First Priority Term Loans shall, to the extent such DIP Term Loan was a Eurodollar Loan (as defined in the Existing DIP Agreement) on the Closing Date continue to be a Eurodollar Loan hereunder with the same Interest Period immediately following the Closing Date and, to the extent such DIP Term Loan was a Base Rate Loan (as defined in the Existing DIP Agreement) on the Closing Date, continue to be a Base Rate Loan hereunder immediately following the Closing Date.

  • Such Revolving Loans will, to the extent such DIP Revolving Loan was a Eurodollar Loan (as defined in the Existing DIP Agreement) continue to be a Eurodollar Loan hereunder with the same Interest Period and, to the extent such DIP Revolving Loan was a Base Rate Loan (as defined in the Existing DIP Agreement), continue to be a Base Rate Loan hereunder.

  • The Lenders shall have received reasonably satisfactory evidence that the obligations of the Company and each of its other debtor Subsidiaries with respect to the Existing DIP Agreement have been satisfied and discharged and any collateral in respect thereof released, except that letters of credit issued under the Existing DIP Agreement that are supported by cash or letters of credit issued under the Facilities may remain outstanding.

  • The third output addresses implementation and management of a multifaceted project, involving the cooperation of a number of government agencies, village-based producer/revolving fund groups (RFGs), mass organizations, and private organizations and individuals.

  • The Borrower shall have paid, concurrently with the funding of the Term Advances, all principal, interest and fees and any and all other outstanding amounts payable under the Existing DIP Agreement, including, without limitation, fees then due and payable under Sections 2.08(c) and 2.08(e) of the Existing DIP Agreement.

  • The financial condition and financial projections, including cash flow, of the Borrower shall be substantially the same as those set forth -61- 176 in the projections delivered to the Administrative Agent in connection with the Existing DIP Agreement or otherwise reasonably satisfactory to the Administrative Agent.


More Definitions of Existing DIP Agreement

Existing DIP Agreement means that certain Debtor-in-Possession Credit and Security Agreement, dated as of November 5, 2014, as heretofore amended, supplemented or otherwise modified, among the predecessor entities to the Borrowers, as debtors-and-debtors in possession, Wilmington Trust, National Association, as agent, and the financial institutions from time to time party thereto.
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Existing DIP Agreement shall have the meaning provided in the Recitals to this Agreement. “Existing Term Loan Class” shall have the meaning provided in Section 2.15(a)(i). “Extended Term Loan Repayment Amount” shall have the meaning provided in Section 2.5(c). “Extended Term Loans” shall have the meaning provided in Section 2.15(a)(i). “Extending Lender” shall have the meaning provided in Section 2.15(a)(iv). “Extension Amendment” shall have the meaning provided in Section 2.15(a)(v). 40 “Extension Election” shall have the meaning provided in Section 2.15(a)(iv). “Extension Minimum Condition” shall mean a condition to consummating any Extension Series that a minimum amount (to be determined and specified in the relevant Term Loan Extension Request, in the Borrower’s sole discretion) of any or all applicable Classes be submitted for extension. “Extension Series” shall mean all Extended Term Loans that are established pursuant to the same Extension Amendment (or any subsequent Extension Amendment to the extent such Extension Amendment expressly provides that the Extended Term Loans provided for therein are intended to be a part of any previously established Extension Series) and that provide for the same interest margins, extension fees and amortization schedule. “FATCA” shall mean Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future Treasury regulations or official interpretations thereof, any agreements entered into pursuant to Section 1471(b)(1) of the Code, and intergovernmental agreement (together with any Applicable Law implementing such agreement) entered into in connection with any of the foregoing. “Federal Funds Effective Rate” shall mean, for any day, the weighted average of the per annum rates on overnight federal funds transactions with members of the Federal Reserve System arranged by federal funds brokers on such day, as published on the next succeeding Business Day by the Federal Reserve Bank of New York; provided that (a) if such day is not a Business Day, the Federal Funds Effective Rate for such day shall be such rate on such transactions on the next preceding Business Day as so published on the next succeeding Business Day, and (b) if no such rate is so published on such next succeeding Business Day, the Federal Funds Effective Rate for such day shall be the average rate (rounded upward, if necessary, t...
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Existing DIP Agreement is defined in the recitals hereof.
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Existing DIP Agreement. “First Priority Term Loans”; “Foreign Subsidiary”; “Freeport Guaranty”; “GAAP”; “Global Entity”; “Greenfield Guaranty”; “Geysers Entities”; “Incremental Term Loans”; “Insolvency”; “Intellectual Property”; “Investment”; “Loan”; “Materials of Environmental Concern”; “Xxxxxxx Refinancing Facility”; “Xxxxx’x”; “Multiemployer Plan”; “Net Cash Proceeds”; “Pasadena Guaranty”; “PBGC”; “Performance Guarantee”; “Permitted PPA Counterparty Lien”; “Pittsburg/ DEC/LMEC Guaranty”; “Plan”; “Plan Effective Date”; “Plan of Reorganization”; “PPA Intercreditor Agreement”; “Project”; “Project Investments”; “Project Subsidiary”; “Prudent Industry Practice”; “Reinvestment Deferred Amounts”; “Reportable Event”; “Reorganization”; “Requirements of Law”;
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Related to Existing DIP Agreement

  • MCIP Agreement means the Agreement for the Development of a Joint County Industrial and Business Park (2010 Park) dated as of December 1, 2010, as amended, between the County and Xxxxxxxx County, South Carolina, as the same may be further amended or supplemented from time to time, or such other agreement as the County may enter with respect to the Project to offer the benefits of the Special Source Revenue Credits to the Company hereunder.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.

  • Existing LLC Agreement is defined in the recitals to this Agreement.

  • Existing Agreement has the meaning set forth in the recitals.

  • Original LLC Agreement has the meaning set forth in the Recitals.

  • Existing Agreements has the meaning as set forth in Section 3.2 hereof.

  • Waiver Agreement means an agreement between

  • Existing Facility Agreement has the meaning specified therefor in the recitals hereto.

  • Amendment and Restatement Agreement means the Amendment and Restatement Agreement, dated as of January 29, 2016, among the Borrowers, the Lenders party thereto and the Administrative Agent.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • IP Agreement is that certain Intellectual Property Security Agreement executed and delivered by Borrower to Bank dated as of the Effective Date.

  • Second Amendment Agreement means that certain Second Amendment Agreement dated as of October 4, 2011, among Xxxxx 0, xxx Xxxxxxxx, Xxxxxxx Xxxxx Capital Corporation, as administrative agent and collateral agent, and the Tranche B II Term Lenders party thereto, providing for, among other things, the amendment and restatement of the 2009 Credit Agreement.

  • Original Financing Agreement means the development credit agreement for a Social Investment Program Project between the Recipient and the Association, dated April 7, 2003, as amended to the date of this Agreement (Credit No. 3740-BD).

  • Relationship Agreement means the relationship agreement between certain members of the Brookfield Group, the Partnership, BBP, the Holding Entities and others dated as of the date hereof;

  • Amended Facility Agreement means the Facility Agreement as amended and supplemented by this Agreement.

  • Parent Agreement has the meaning given to it in Clause 12;

  • Existing Loan Agreement has the meaning set forth in the recitals to this Agreement.

  • Investment Agreement shall have the meaning set forth in the Recitals hereto.

  • Support Agreement has the meaning set forth in the Recitals.

  • Amending Agreement means the Agreement of which a copy is set out in the Third Schedule to the Iron Ore (Hamersley Range) Agreement Xxx 0000 (which Agreement was approved by the Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968);

  • Payment Agreement means a written agreement which provides

  • Lock-Up Agreement means the Lock-Up Agreement, dated as of the date hereof, by and among the Company and the directors and officers of the Company, in the form of Exhibit B attached hereto.

  • Main Agreement means the part of this Agreement that commences on the first page and ends with but includes Schedule A, excluding Section 3(d) (which incorporates this Schedule C into the Agreement).

  • Restated Agreement means the Original Facility Agreement, as amended by this Agreement, the terms of which are set out in Schedule 2 (Restated Agreement).

  • Restructuring Agreement shall have the meaning set forth in the recitals.

  • Permitted Lock-Up Agreement means an agreement (the “Lock-up Agreement”) between a Person and one or more holders of Voting Shares (each holder referred to herein as a “Locked-up Person”), the terms of which are publicly disclosed and a copy of which is made available to the public, including the Corporation, pursuant to which such holders agree to deposit or tender Voting Shares to a Take-over Bid (the “Lock-up Bid”) made by the Person or any of such Person’s Affiliates or Associates or any other Person referred to in clause (iii) of the definition of Beneficial Owner, whether such Lock-up Bid is made before or after the Lock-up Agreement is signed, provided that: (i) the Lock-up Agreement permits the Locked-up Person to terminate its agreement to deposit or tender to or to not withdraw Voting Shares from the Lock-up Bid in the event a “Superior Offer” is made to the Locked-up Person. For purposes of this subsection, a “Superior Offer” is any Take-over Bid, amalgamation, arrangement or similar transaction pursuant to which the cash equivalent value of the consideration per share to be received by holders of the Voting Shares under such transaction (the “Superior Offer Consideration”) is greater than the cash equivalent value per share to be received by holders of Voting Shares under the Lock-up Bid (the “Lock-up Bid Consideration”). Notwithstanding the foregoing, the Lock-up Agreement may require that the Superior Offer Consideration must exceed the Lock-up Bid Consideration by a specified percentage before such termination rights take effect, provided such specified percentage is not greater than 7%. For greater clarity, the Lock-up Agreement may contain a right of first refusal or require a period of delay to give the Person who made the Lock-up Bid an opportunity to match a higher price in another Take-over Bid or transaction or similar limitation on the Locked-up Person’s right to withdraw Voting Shares from the agreement, so long as the limitation does not preclude the exercise by the Locked-up Person of the right to withdraw Voting Shares during the period of the other Take-over Bid or transaction; and (ii) no “break-up” fees, “top-up” fees, penalties, expenses, or other amounts that exceed, in the aggregate, the greater of: