Exit ABL Facility Loans definition

Exit ABL Facility Loans means the loans under the Exit ABL Facility.
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Exit ABL Facility Loans means the loans made under or in connection with the Exit ABL Facility Credit Agreement.
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Exit ABL Facility Loans means the revolving loans to be issued under the Exit ABL Facility.
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Examples of Exit ABL Facility Loans in a sentence

  • A Holder’s tax basis in respect of a pro rata share of the Exit ABL Facility Loans received in exchange for such Holder’s Allowed ABL Facility Claim should equal the issue price of such Exit ABL Facility Loans.

  • Holders of Allowed ABL Facility Claims are urged to consult their own tax advisors as to whether the exchange of an Allowed ABL Facility Claim for a pro rata share of the Exit ABL Facility Loans constitutes a significant modification, and consequently a deemed exchange, of the ABL Facility under the Section 1001 Regulations.

  • Although the Exit ABL Facility Loans are expected to contain substantially the same terms as the ABL Facility, it is unclear whether the deemed extension of the maturity date and the amendments to certain covenants and maintenance requirements would qualify under the section 1001 safe harbors and, if not, whether they would give rise to a significant modification to the Allowed ABL Facility Claim under the general Section 1001 Regulations.

  • Although not free from doubt, the Debtors intend to take the position that neither the Exit ABL Facility Loans nor the ABL Facility are considered to be traded on an established market at the time of the exchange, and that therefore the issue price of the Exit ABL Facility Loans should generally equal their stated principal amount.

  • If the exchange of an Allowed ABL Facility Claim for an interest in the Exit ABL Facility Loans does not result in a significant modification of the ABL Facility, then a Holder of an Allowed ABL Facility Claim should not recognize any gain or loss with respect to such Claim.

  • Each Holder of an Allowed ABL Facility Claim would continue to have the same adjusted tax basis and holding period with respect to such Holder’s pro rata share of the Exit ABL Facility Loans as such Holder had in its Allowed ABL Facility Claim immediately prior to such exchange.

  • A Holder’s holding period for its pro rata share of the Exit ABL Facility Loans received in exchange for an Allowed ABL Facility Claim should begin on the day following the Effective Date.

  • Holders who exchange (or are deemed to exchange) Claims for Exit ABL Facility Loans, New Opco Common Units, Subordinated Notes, beneficial interests in the GUC Trust and/or Cash may be affected by the “market discount” provisions of Sections 1276 through 1278 of the Code.

  • In addition to regular U.S. federal income tax, certain Holders that are individuals, estates or trusts are subject to a 3.8% tax on all or a portion of their “net investment income,” which may include all or a portion of their dividends on New Holdco Common Stock or interest income (including accrued OID) arising from Exit ABL Facility Loans or the Subordinated Notes pursuant to the Plan and any gain recognized on the sale or other taxable disposition of New Holdco Common Stock or Subordinated Notes.

  • To the extent that a portion of the Exit ABL Facility Loans received in exchange for an Allowed ABL Facility Claim is allocable to accrued but unpaid interest, the Holder of such Claim may be required to recognize ordinary income as discussed in Section 10.3(d) below.

Related to Exit ABL Facility Loans

  • Revolving Facility Loans shall include the Other Revolving Loans.

  • Exit ABL Facility means the asset-based revolving credit facility provided for under the Exit ABL Credit Agreement.

  • Revolving Facility Loan means a Loan made by a Revolving Facility Lender pursuant to Section 2.01.

  • Extended Revolving Loans has the meaning assigned to such term in Section 2.23(a).

  • Revolving Loan Facility means the credit facility or portion thereof established by Lender in favor of Borrower for the purpose of providing working capital in the form of loans and/or Letters of Credit to finance the manufacture, production or purchase and subsequent export sale of Items pursuant to Loan Documents under which Credit Accommodations may be made and repaid on a continuous basis based solely on credit availability on the Export-Related Borrowing Base during the term of such credit facility

  • Revolving Facility Maturity Date means, as the context may require, (a) with respect to the Revolving Facility in effect on the Closing Date, the fifth anniversary of the Closing Date and (b) with respect to any other Classes of Revolving Facility Commitments, the maturity dates specified therefor in the applicable Extension Amendment or Refinancing Amendment.

  • Extended Revolving Credit Facility means each Class of Extended Revolving Credit Commitments established pursuant to Section 2.7.

  • Replacement Revolving Facility Commitments shall have the meaning assigned to such term in Section 2.21(l).

  • Extended Revolving Credit Loans shall have the meaning provided in Section 2.14(g)(ii).

  • First Lien Loans means the loans made under the First Lien Credit Agreement.

  • Refinancing Revolving Loans has the meaning assigned to such term in Section 2.26(a).

  • Revolving Facilities means collectively the Initial Revolving Facility and each New Revolving Facility and “Revolving Facility” means any such facility individually.

  • Revolving Facility Commitment means, with respect to any Revolving Facility Lender, such Lender’s commitment to make Revolving Facility Loans pursuant to Section 2.01(b), expressed as an amount representing the maximum aggregate permitted amount of such Lender’s Revolving Facility Exposure hereunder, as such commitment may be (a) reduced from time to time pursuant to Section 2.08, (b) reduced or increased from time to time pursuant to assignments by or to such Lender under Section 9.04 and (c) increased (or replaced) as provided under Section 2.20. The initial amount of each Lender’s Revolving Facility Commitment is set forth on Schedule 2.01 to the Original Credit Agreement, or in the Assignment and Acceptance or Incremental Assumption Agreement pursuant to which such Lender shall have assumed its Revolving Facility Commitment (or Incremental Revolving Facility Commitment), as applicable. The aggregate amount of the Lenders’ Revolving Facility Commitments as of the Closing Date is $100,000,000. On the Closing Date, there is only one Class of Revolving Facility Commitments. After the Closing Date, additional Classes of Revolving Facility Commitments may be added or created pursuant to Incremental Assumption Agreements.

  • Other Revolving Facility Commitments means Incremental Revolving Facility Commitments to make Other Revolving Loans.

  • New Revolving Loans as defined in Section 2.25.

  • Required Revolving Facility Lenders means, at any time, Revolving Facility Lenders having (a) Revolving Facility Loans outstanding, (b) Revolving L/C Exposures and (c) Available Unused Commitments that, taken together, represent more than 50% of the sum of (x) all Revolving Facility Loans outstanding, (y) all Revolving L/C Exposures and (z) the total Available Unused Commitments at such time; provided, that the Revolving Facility Loans, Revolving L/C Exposures and Available Unused Commitment of any Defaulting Lender shall be disregarded in determining Required Revolving Facility Lenders at any time.

  • Incremental Revolving Facility Commitment means the commitment of any Lender, established pursuant to Section 2.21, to make Incremental Revolving Loans to the Borrower.

  • Replacement Revolving Loans shall have the meaning assigned to such term in Section 2.21(l).

  • Loans means the loans made by the Lenders to the Borrower pursuant to this Agreement.

  • Revolving Loans shall have the meaning assigned to such term in Section 2.1(a).

  • Revolving Facility means, at any time, the aggregate amount of the Revolving Lenders’ Revolving Commitments at such time.

  • Revolving Loan Notes means the promissory notes of the Borrower provided pursuant to Section 2.1(e) in favor of any of the Revolving Lenders evidencing the Revolving Loan provided by any such Revolving Lender pursuant to Section 2.1(a), individually or collectively, as appropriate, as such promissory notes may be amended, modified, extended, restated, replaced, or supplemented from time to time.

  • Revolving Credit Facilities means the collective reference to the Dollar Revolving Credit Facility and the Alternative Currency Revolving Credit Facility.

  • Revolving Credit Facility means, at any time, the aggregate amount of the Revolving Credit Lenders’ Revolving Credit Commitments at such time.

  • Credit Facility shall include any agreement or instrument (1) changing the maturity of any Indebtedness Incurred thereunder or contemplated thereby, (2) adding Subsidiaries of the Company as additional borrowers or guarantors thereunder, (3) increasing the amount of Indebtedness Incurred thereunder or available to be borrowed thereunder or (4) otherwise altering the terms and conditions thereof.

  • Exit Facility Lenders means each of the lenders under the Exit Facility Credit Agreement, solely in their respective capacities as such.