Examples of New ABL Documents in a sentence
The priorities of such Liens and security interests shall be as set forth in the New ABL Documents.
On the Effective Date, the Reorganized Debtors shall enter into the New ABL Facility pursuant to the New ABL Documents.
To the extent provided in the New ABL Documents, the New ABL Agent is authorized to file with the appropriate authorities mortgages, financing statements and other documents, and to take any other action in order to evidence, validate, and perfect such Liens or security interests.
The terms and conditions of the New ABL Documents: (A) have been negotiated in good faith and at arm’s-length, without the intent to hinder, delay, or defraud any of the Debtors’ creditors; (B) are fair and reasonable; (C) represent a valid exercise of the Debtors’ business judgment consistent with their fiduciary duties; (D) are supported by reasonably equivalent value and fair consideration; and (E) are in the best interests of the Debtors, their Estates, and their stakeholders.
Each party to the New ABL Documents may rely upon the provisions of this Order in implementing the terms of the New ABL Facility.
For the further avoidance of doubt (1) the Lien, pledge or security interests granted under the New ABL Documents will not attach to, or constitute a direct lien on, any landlord’s fee interest in property leased to the ReorganizedDebtors (as opposed to the leasehold interest of the Reorganized Debtor) and (2) nothing in this Order shall be deemed consent by a landlord to the granting of a Lien, pledge, or security interest by the Reorganized Debtors.
Upon their execution, the New ABL Documents shall constitute legal, valid, binding, and authorized joint and several obligations of the applicable 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 challenge, discharge, impairment, release, avoidance, recharacterization, or subordination.
On the Effective Date, the Reorganized Debtors are authorized to execute and deliver the New ABL Documents and to perform their obligations thereunder, including the payment or reimbursement of all applicable fees, expenses, other payments, losses, damages or indemnities under the New ABL Documents.
To the extent applicable, Confirmation of the Plan shall be deemed (a) approval of the New ABL Facility and the New ABL Documents; and (b) authorization for the Debtors and the Reorganized Debtors, as applicable, to take any and all actions necessary or appropriate to consummate the New ABL Facility, including executing and delivering the New ABL Documents, in each case, without any further notice to or order of the Bankruptcy Court.
The guaranties, pledges, Liens, and security interests granted in connection with the New ABL Documents are being granted in good faith as an inducement to the New ABL Lenders to extend credit thereunder.