Examples of Existing First Lien Agent in a sentence
Further, in the event that the Existing First Lien Agent is the agent for the New ABL Credit Facility, it shall retain the liens and security interests securing the Existing First Lien Credit Facility Claims after such payments are made and have such liens and security interests secure the New ABL Credit Facility.
Until the Existing First Lien Obligations have been Paid in Full, no claim or lien having a priority superior or pari passu with those granted in favor of the Existing First Lien Agent to secure the Existing First Lien Obligations shall be permitted by any order of this Court heretofore or hereafter entered in the Chapter 11 Cases.
Further, in the event that the Existing First Lien Agent is the agent for the New ABL Credit Facility, it shall retain the lines and security interests securing the Existing First Lien Credit Facility Claims after such payments are made and have such liens and security interests secure the New ABL Credit Facility.
The DIP Term Facility Agent, the DIP Revolving Facility Agent, the Existing First Lien Agent or the Indenture Trustee, as applicable, each in its sole discretion, may file a photocopy of this Preliminary Hearing Order as a financing statement with any filing or recording office or with any registry of deeds or similar office, in addition to, or in lieu of, such financing statements, notices of liens or similar statements.
Because they most likely feel like something bad will occur while on the plane.
The second proposal for ABL DIP financing was a preliminary proposal and was not received until the evening of May 26, 2020, after the Debtors and the Existing First Lien Agent had reached agreement on a term sheet and a form of DIP order.
The Debtors and their advisors discussed a variety of different structures with the Existing First Lien Agent and their discussions ultimately focused on a structure where the Existing First Lien Lenders would roll up the obligations under the Existing First Lien Credit Facility into a revolving DIP Facility and extend up to $100,000,000 in postpetition DIP financing.
Kahn, Esq.); (iv) counsel to the DIP Revolving Facility Agent and Existing First Lien Agent, Goldberg Kohn, Ltd., 55 East Monroe, Suite 3300, Chicago, Illinois 60603 (Attn: Randall Klein, Esq.) and K&L Gates, LLP, 1717 Main Street, Suite 2800, Dallas, Texas 75201 (Attn: David Weitman); (v) counsel to the Indenture Trustee, Seyfarth Shaw LLP, 620 Eighth Avenue, New York, New York 10018 (Attn: Edward M.
By this Preliminary Hearing Order, this Court confirms that the Existing First Lien Agent and Existing First Lien Lenders are granted, and shall continue to have, a first-priority, perfected security interest in and lien on the Debtors’ bank accounts and all deposits therein, together with all funds in the Debtors’ lockbox, collection accounts, and disbursement accounts (except for the Debtors’ payroll account and payroll trust account).
As more fully discussed in Article IV.D, other than a non-binding preliminary proposal received the day before the Petition Date, the only proposal to provide DIP financing secured by accounts receivable, cash, inventory, insurance, and general intangibles was received from JPMorgan Chase Bank, N.A., the Existing First Lien Agent.