Exit Term Loan Facility Documents definition

Exit Term Loan Facility Documents means any documents governing the Exit Term Loan Facility and any amendments, modifications, and supplements thereto, and together with any related notes, certificates, agreements, security agreements, documents, and instruments (including any amendments, restatements, supplements, or modifications of any of the foregoing) related to or executed in connection therewith.

Exit Term Loan Facility Documents means the agreements memorializing the Exit Term Loan Facility, including the Exit Term Loan Facility Credit Agreements and any amendments, modifications, supplements thereto, and together with any related notes, certificates, agreements, intercreditor agreements, security agreements, mortgages, deeds of trust, documents, and instruments (including any amendments, restatements, supplements, or modifications of any of the foregoing) related to or executed in connection with the Exit Term Loan Facility.

Exit Term Loan Facility Documents means the agreements with respect to the Exit Term Loan Facility, including the Exit Term Loan Credit Agreement and any agreements, commitment letters, documents, instruments, collateral and security documentation, intercreditor agreement, and other ancillary documentation related thereto on terms substantially in the form set forth in Exhibit B attached hereto, each of which shall be in form and substance reasonably acceptable to the Requisite Consenting Stakeholders and the Debtors.

Examples of Exit Term Loan Facility Documents in a sentence

• On the Effective Date, and without the need for any further corporate action or other action by Holders of Claims or Interests, the Reorganized Debtors shall enter into the Exit Term Loan Facility, the terms of which will be set forth in the Exit Term Loan Facility Documents.

• On the Effective Date, the Exit Term Loan Facility Documents shall constitute legal, valid, binding and authorized indebtedness and obligations of the Reorganized Debtors, enforceable in accordance with their respective terms and such indebtedness and obligations shall not be, and shall not be deemed to be, enjoined or subject to discharge, impairment, release or avoidance under this Plan, the Confirmation Order or on account of the Confirmation or Consummation of this Plan.

• For the avoidance of doubt, nothing in this paragraph shall apply to or affect or impair the New Exit Facilities Documents or the Takeback Exit Term Loan Facility Documents, which shall be in full force and effect as of and after the Effective Date.

• To the extent granted, the guarantees, mortgages, pledges, Liens and other security interests granted pursuant to the Exit Term Loan Facility Documents are granted in good faith as an inducement to extend credit thereunder and shall be deemed not to constitute a fraudulent conveyance or fraudulent transfer, shall not otherwise be subject to avoidance, and the priorities of any such Liens and security interests shall be as set forth in the relevant Exit Term Loan Facility Documents.

• The provisions set forth under Sections 5 and 7 (for a period of one year after the Termination Date) hereof, Section 3 hereof and this Section 9 (other than any provision therein that expressly terminates upon execution of the definitive DIP Documents and/or the Exit Term Loan Facility Documents) will remain in full force and effect regardless of whether definitive DIP Documents or Exit Term Loan Facility Documents are executed and delivered.

More Definitions of Exit Term Loan Facility Documents

Exit Term Loan Facility Documents means the agreements memorializing the Exit Term

Exit Term Loan Facility Documents means the agreements memorializing the Exit Term Loan Facility, including the Exit Term Loan Facility Credit Agreement and any amendments, modifications, supplements thereto, and together with any related notes, certificates, agreements, intercreditor agreements, security agreements,

Exit Term Loan Facility Documents means, collectively, the Exit Term Loan Facility Credit Agreement and any other agreements or documents memorializing the Exit Term Loan Facility, including any amendments, modifications, supplements thereto, and together with any related notes, certificates, agreements, intercreditor agreements, security agreements, mortgages, deeds of trust, documents, and instruments (including any amendments, restatements, supplements, or modifications of any of the foregoing) related to or executed in connection with the Exit ABL Facility, as may be amended, restated, supplemented, or otherwise modified from time to time.

Exit Term Loan Facility Documents means the Exit Term Loan Facility Loan Agreement and any other guarantee, security agreement, deed of trust, mortgage, and relevant documentation with respect to the Exit Term Loan Facility, in each case, in form and substance acceptable to the Noteholder Group.

Exit Term Loan Facility Documents. We refer to that certain (i) Amended and Restated Credit Agreement, dated as of March 5, 2014 (as amended by that certain Amendment No. 1 to Amended and Restated Credit Agreement, dated as of July 31, 2017 and as further amended, restated, modified, or supplemented from time to time, the “Prepetition Term Credit Agreement”), by and among the J. Crew Group, Inc., a Delaware Corporation, Chinos Intermediate Holdings B, Inc., a Delaware corporation, certain of the subsidiaries of J. Crew Group, Inc. as guarantors, Wilmington Savings Fund Society, FSB, as successor administrative agent and collateral agent, and the lenders party thereto (the “Prepetition Term Lenders”); (ii) Indenture, dated on or about July 13, 2017 (as amended by the First Supplemental Indenture, dated as of April 26, 2019 and as further amended, restated, modified, or supplemented from time to time, the “Prepetition IPCo Exchange Notes Indenture”) between J. Crew Brand, LLC and J. Crew Brand Corp., as issuers, the guarantors party thereto and U.S. Bank National Association, as trustee, with respect to the 13% Senior Secured Notes due 2021 (the “Prepetition IPCo Exchange Notes”), (iii) Indenture, dated on or about July 13, 2017 (as amended, restated, modified, or supplemented from time to time, the “Prepetition IPCo New Money Notes Indenture” and, together with the Prepetition IPCo Exchange Notes Indenture, the “Prepetition IPCo Indentures”), between J. Crew Brand, LLC and J. Crew Brand Corp., as issuers, the guarantors party thereto and U.S. Bank National Association, as trustee, with respect to the 13% Senior Secured New Money Notes due 2021 (the “Prepetition IPCo New Money Notes”, and the holders of the Prepetition IPCo Exchange Notes and the Prepetition IPCo New Money Notes, the “Prepetition IPCo Noteholders” and, together with the Prepetition Term Lenders, the “Prepetition Parties”) and (iv) Transaction Support Agreement, dated as of May 3, 2020 by and among the Debtors, each Consenting Support Party (as defined therein), and each Sponsor (as defined therein) (as amended, restated, modified, or supplemented from time to time, the “Transaction Support Agreement”). Capitalized terms used and not defined in this Commitment Letter will have the meaning given thereto in Annex A or Annex B or, if not defined therein, in the Transaction Support Agreement.

Exit Term Loan Facility Documents means the Exit Term Loan Credit Agreement and any guarantee, security agreement, deed of trust, mortgage, and other relevant documentation entered into with respect to the Exit Term Loan Facility, including, for the avoidance of doubt, the Exit Credit Facilities Intercreditor Agreement.

Exit Term Loan Facility Documents means, collectively, all agreements, documents (including security, collateral or pledge agreements or documents), letters of credit, mortgages or instruments to be executed or delivered in connection with the Exit Term Loan Facility, all of which shall be consistent in all material respects with the Restructuring Support Agreement and otherwise in form and substance reasonably acceptable to the Required Parties.