Examples of Permitted Senior Liens in a sentence
Prepetition Permitted Senior Liens; Continuation of Prepetition Liens.
As security for the DIP Loan and as adequate protection, the Debtors request the DIP Lender be secured pursuant to Section 364(c)(2) of the Bankruptcy Code, subject to the Carve-Out and Permitted Senior Liens including, but not limited to, the lien held by FNA Jersey associated with the tax sale certificate,5 by a first priority perfected lien on, and security interest in, all present and after acquired property of the Debtors.
Notwithstanding anything herein to the contrary, the DIP Priming Liens shall be (i) senior in all respects to the Prepetition Liens on DIP Notes Priority Collateral, (ii) senior to any Adequate Protection Liens on DIP Notes Priority Collateral, (iii) subordinate only to any Prepetition Notes Permitted Senior Liens and (iv) not subordinate to any lien, security interest or mortgage that is avoided and preserved for the benefit of the Debtors and their estates under section 551 of the Bankruptcy Code.
The Loans and the other Obligations shall be secured by valid, first priority (subject in priority only to any Permitted Senior Liens), perfected and enforceable Liens in favor of the Administrative Agent, for the benefit of the holders of the Obligations, in all of the Collateral subject to the terms of the Security Documents and, from and after the date that a Revolving Facility is in effect, the Intercreditor Agreement.
Under the Plan, all of the Debtors’ cash as of the Effective Date, other than (a) cash required to fund the Administrative Claims Reserve and the Professional Fee Reserve and (b) asset sale proceeds being held in escrow for the benefit of holders of Permitted Senior Liens (as defined in the Final DIP Order), would be available to fund the Liquidating Trust.