Postpetition Collateral definition
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 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 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.
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.
Except as provided in this Final Order with respect to the Postpetition Liens, the Adequate Protection Liens on the Borrower’s Prepetition Collateral or Postpetition Collateral shall not be subject to or pari passu with any Lien on the Postpetition Collateral by any order subsequently entered in the Chapter 11 Cases (for the avoidance of doubt, the Adequate Protection Liens shall not extend to avoidance actions or the 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).
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.
The Borrowers acknowledge that the Second Term Loan shall be secured by an interest in the Collateral PARI PASSU and pro rata with the Existing Term Loan and the term "Secured Obligations" as used in the Postpetition Collateral Agency Agreement shall include the obligations of the Borrowers under the Credit Agreement with respect to the Second Term Loan.
All Collections that would otherwise be applied to repay the principal of the Prepetition Tranche A Term Loan under the Postpetition Collateral Agency Agreement shall be remitted to the LFC Funds Administrator for the account of the Borrowers in accordance with the deemed funding of the Original Term Loan under this Article 2A so long as no Actionable Default has occurred and is continuing.