Examples of Original DIP Lenders in a sentence
For the avoidance of doubt, all Allowed Intercompany Claims held by any Debtor constitutes collateral of the Original DIP Lenders, the Replacement DIP Lenders, Second Lien Lenders, and Second Lien Senior Noteholders.
Large domestic energy resources are as mentioned normally reflected in a country’s energy mix.
The increased interest rate, which will be collateralized by all of the Post-Petition Liens and a super- priority claim, is grossly overreaching and unnecessary to provide the Original DIP Lenders with adequate protection.
By way of example only, the Committee’s willingness to accede to the scope of a super-priority claim for the benefit of the Original DIP Lenders or the Pre-Petition Senior Lenders was based, in part, on a consideration of those claims and the reservation of the right to challenge the allocation of value between the bricks and mortar of the Casino and Hotel and the license to operate.
Due to the Electing Lenders’ inability to reach agreement on an Approved Restructuring or Acceptable Plan, the Original DIP Lenders extended the milestone to file an9 The Original Final Order is currently subject to an appeal by Credit Agricole Corporate and Investment Bank (“ CACIB”).
As discussed above, while the Debtors now have their existing DIP facility in default and face the risk that the Original DIP Lenders may exercise remedies, the Debtors also have in hand a value-maximizing commitment that provides an executable path to confirm a chapter 11 plan of reorganization.
Without such funds, the Debtors will be prevented from making necessary disbursements and otherwise operating in the ordinary course, and the Original DIP Lenders may seek to exercise remedies, all of which would damage the value of the Debtors’ businesses and their assets.
The DIP Intercreditor Agreement subordinates the Prepetition Secured Parties’ claims and liens to the claims and liens granted to Black Diamond, as successor administrative agent, collateral agent and security trustee, and the Original DIP Lenders (together, the “ Original DIP Secured Parties”) in accordance with the Final Order (as defined therein) and limits enforcement of remedies as long as the senior DIP obligations remain outstanding.
At the outset of these chapter 11 cases, the Debtors agreed to advise the Original DIP Lenders whether a plan of reorganization or a sale under section 363 of the Bankruptcy Code was the optimal path for maximizing value.
Within 14 days of the Petition Date, the Prepetition Lenders, the Original DIP Lenders, and the Required IC Lenders (as defined in the Original DIP Credit Agreement) (collectively, the “ Electing Lenders”) were obligated to elect whether a restructuring be implemented through a chapter 11 plan or a section 363 sale process.