Examples of Postpetition Collateral in a sentence
As security for the Postpetition Obligations, the Postpetition Lender is hereby granted valid, binding, enforceable, first priority and perfected Liens (the “Postpetition Liens”) in the Postpetition Collateral and the Prepetition Collateral.
The Agent may, but shall not be required to, file a certified copy of this Order in any filing or recording office in any state, county or other jurisdiction in which any Debtor has real or personal property and such filing or recording shall be accepted and shall constitute sufficient evidence of perfection of such party’s interests in the Postpetition Collateral as of the Petition Date, but with the priorities as set forth herein.
The Postpetition Lender shall be entitled to apply the payments or proceeds of the Postpetition Collateral or the Prepetition Collateral in accordance with the provisions of this Interim Order, the other Postpetition Financing Documents, and the Prepetition Credit Agreement, and in no event shall the Postpetition Lender be subject to the equitable doctrine of “marshaling” or any other similar doctrine with respect to any of the Postpetition Collateral or the Prepetition Collateral or otherwise.
Except for causes of action related to transfers of Prepetition Collateral or Postpetition Collateral to any of the Debtors, the Postpetition Liens, the Adequate Protection Liens, the Adequate Protection Claim, and the Postpetition Lender’s superpriority administrative expense claim granted pursuant to this Interim Order do not extend to causes of action under Chapter 5 of the Bankruptcy Code or to proceeds thereof.
No other person or entity shall receive or be granted any Liens of any type or nature, whether senior to, on parity with, or junior to the Postpetition Liens, on any of the Postpetition Collateral or Prepetition Collateral, except only Permitted Liens (as defined in the Prepetition Credit Agreement).
Except as provided in this Interim Order with respect to the Postpetition Liens, the Adequate Protection Liens on the Borrower’s Prepetition Collateral or Postpetition Collateral shall not be subordinate to or pari passu with any Lien on the Postpetition Collateral by any order subsequently entered in the Chapter 11 Cases.
No sale, lease or other disposition of Prepetition Collateral or Postpetition Collateral (including any auction or other similar sales) may be done without the Postpetition Lender’s consent unless all Postpetition Obligations and Prepetition Indebtedness are indefeasibly paid in full in cash.
Pursuant to Sections 361(2), 362, 363(c)(2), and 363(e) of the Bankruptcy Code, the Agent, for its benefit and the benefit of the Prepetition Secured Parties, is hereby granted by each Debtor continuing valid, binding, enforceable and perfected first priority liens and security interests against, in, and on all of the Postpetition Collateral (the “Adequate Protection Liens”).
All proceeds of Prepetition Collateral and Postpetition Collateral shall be applied (a) first, to the Carve-Out, (b) second, to the Postpetition Obligations (in such order as is determined by the Postpetition Lender in its sole discretion), (c) third, to the Adequate Protection Claim, if any, and (d) fourth, to the Prepetition Indebtedness.
On the Effective Date, the Debtors shall transfer all of the Liquidation Trust Assets, the Prepetition Collateral, and the Postpetition Collateral to the Liquidation Trust, subject only to the liens of Secured Creditors (as may be modified in the Plan), and otherwise free and clear of liens, Claims, and Interests.