Examples of New Exit Facility Term Loan in a sentence
On the Effective Date, all DIP Expenses shall be paid in Cash and the remaining DIP Claims will be converted into loans under the New Exit Facility Term Loan pursuant to the terms of the New Exit Financing Agreement.
Cash on Hand Cash distributions in accordance with this Plan Term Sheet shall be made from cash on hand as of the Plan Effective Date, including proceeds from the New Exit Facility Term Loan and the Rights Offering.
Consistent with the New Exit Financing Term Sheet, at the Reorganized Debtors' option (subject to certain limitations to be set forth in the New Exit Financing Agreement), interest under the New Exit Facility Term Loan shall be payable in cash at LIBOR plus 10.0% per annum or paid in kind at LIBOR plus 12.0% per annum.
The principal terms of the New Exit Facility Term Loan are set forth in the New Exit Financing Term Sheet attached as Exhibit C to the Restructuring Support Agreement.
The Debtors have received from the Commitment Parties all funds comprising the New Equity Investment or such funds have been funded into the escrow account in accordance with the Equity Commitment Agreement and all conditions precedent to the effectiveness of the New Exit Facility Term Loan shall have been satisfied or waived in accordance therewith (except any condition precedent requiring that all conditions to the Effective Date shall have been satisfied or waived) .
The New Exit Facility Term Loan will mature four years after the Effective Date.
The Supporting Parties also agreed that the DIP Credit Facility would be convertible into the New Exit Facility Term Loan and to provide an additional $40 million of liquidity, as set forth in the Equity Commitment Agreement, to fund exit costs and capitalize the Reorganized Debtors' business.
All conditions precedent to the effectiveness of the New Exit Facility Term Loan shall have been satisfied or waived in accordance therewith (except any condition precedent requiring that all conditions to the Effective Date shall have been satisfied or waived).
All other documents and agreements necessary to implement the Plan on the Effective Date including without limitation the documents and agreements evidencing the New Exit Facility Term Loan shall have been executed and delivered and all other actions required to be taken in connection with the Effective Date shall have occurred.
The First Lien Replacement Term Loans, as applicable, will rank pari passu with and will be secured on substantially the same terms as the New Exit Facility Term Loan and have the same terms as the New Exit Facility Term Loan or such other terms as agreed by the Requisite Backstop Parties and the Debtors.