Postpetition Lender definition

Postpetition Lender. AgStar Financial Services, PCA Guarantor: U.S. BioEnergy Corporation, a Delaware corporation, as Debtor in Possession in Bankruptcy Case No. 08-12612 (BLS), District of Delaware Postpetition Revolving Credit Facility: A revolving credit facility (the “Postpetition Loan”) to be made available to the Borrower, pursuant to the terms of this Term Sheet and the Interim Order in an amount not to exceed $3,000,000.00 as the Interim Facility and, from and after entry of the Final Order, $5,000,000.00 as the aggregate Postpetition Loan, pursuant to the terms of this Term Sheet, the Final Order and the Postpetition Financing Documents (the “Postpetition Commitment”). Advances under the Postpetition Loan are subject to Postpetition Loan Availability until the Postpetition Loan Maturity Date. Amounts borrowed under the Postpetition Loan may be borrowed, repaid, and reborrowed by the Borrower prior to the Postpetition Loan Maturity Date. Closing Date: November 3, 2008 Purpose: Upon entry of the Interim Order and acceptance of this Term Sheet, the Postpetition Lender shall make available to the Borrower the Interim Facility in an amount up to $3,000,000.00 for the Borrower’s working capital needs as itemized in the DIP Budget attached hereto as Exhibit A, subject to the terms and conditions in the Interim Order, and this Term Sheet; provided, however, that nothing herein or in the Interim Order shall bind the Postpetition Lender to any Plan incorporating the terms set forth in this Term Sheet or the Postpetition Financing Documents, without the prior express written consent of the Postpetition Lender. Upon entry of the Final Order on or before December 10, 2008 approving the Postpetition Financing Documents, each of which must be acceptable to the Postpetition Lender and satisfaction of the conditions precedent to closing set forth therein, the Postpetition Lender shall make available to the Borrower Debtor In Possession financing in an aggregate amount up to $5,000,000.00 for the Borrower’s working capital needs as itemized in the DIP Budget attached to the Final Order, subject to the terms and conditions in the Final Order, this Term Sheet, and the Postpetition Financing Documents; provided, however, that nothing herein or in the Final Order shall bind the Postpetition Lender to any Plan incorporating the terms set forth in this Term Sheet or the Postpetition Financing Documents, without the prior express written consent of the Postpetition Lender.
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Postpetition Lender. AgStar Financial Services, PCA Guarantor: U.S. BioEnergy Corporation, a Delaware corporation, as Debtor in Possession in Bankruptcy Case No. 08-12612 (BLS), District of Delaware.
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Postpetition Lender has the meaning specified in the preamble.
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Examples of Postpetition Lender in a sentence

  • Any confirmation sent by the Postpetition Lender to the Borrower of any borrowing under this Agreement shall, in the absence of manifest error, be conclusive and binding for all purposes.

  • The Postpetition Lender may sell or assign to a single Person all of its rights in the Postpetition Loans without the consent of the Borrower; provided however that, except as provided in Section 7.07(b), the Postpetition Lender shall not sell all of its rights in the Postpetition Loans to multiple Persons without the consent of the Borrower.

  • Upon the request of the Borrower, the Postpetition Lender shall provide copies of all invoices for costs and expenses to be reimbursed by Borrower under this Agreement or under any of the Postpetition Financing Documents.

  • The Postpetition Lender is hereby authorized to charge to the Postpetition Loan amounts to pay the costs and expenses set forth in this Section 7.04.

  • Notwithstanding the other provisions of this Section 7.02, the Postpetition Lender may accept oral borrowing notices, provided that the Postpetition Lender shall incur no liability to the Borrower in acting on any such communication that the Postpetition Xxxxxx believes in good faith to have been given by a Person authorized to give such notice on behalf of the Borrower.

  • The Borrower shall not have the right to assign or otherwise transfer its rights hereunder or any interest herein without the prior written consent of the Postpetition Lender.

  • The rights of the Postpetition Lender under this Section 7.05 are in addition to other rights and remedies (including other rights of set-off) which the Postpetition Lender may have.

  • The Postpetition Lender may apply all payments received from the Guarantor or any other guarantor for the benefit of the Borrower to the Postpetition Obligations in such order and manner as the Postpetition Lender may elect in its sole discretion; provided that any payments received from any guarantor or from any disposition of any Collateral provided by such guarantor shall only be applied against obligations guaranteed by such guarantor.

  • Xxxxxx Drive Chicago, Illinois 60606 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Xxxxxxx Xxxx If to the Postpetition Lender: AgStar Financial Services, PCA 0000 Xxxxxxx Xxxxx P.O. Box 4249 Mankato, MN 00000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Xxxx Xxxxxxx with copies to: Xxxx, Xxxxx, Xxxxx, Xxxxx, & Xxxxxxx, P.A. 0000 Xxxx Xx. Xxxxxxx Xxxxx 000 St. Cloud, MN 56301 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Attention: Xxxxxxx X.

  • The Borrower has obtained and has complied with all covenants regarding insurance contained in this Agreement and the other Postpetition Financing Documents, including the requirements set forth in Section 5.01(d); and, to the extent not previously supplied to the Postpetition Lender in connection with the Prepetition Indebtedness, has provided the Postpetition Lender with duplicate insurance policies for the insurance required hereunder and under the Postpetition Financing Documents.


More Definitions of Postpetition Lender

Postpetition Lender means Resurgence Partners, LLC.
Sample 1

Related to Postpetition Lender

  • Prepetition Lenders means the Persons identified as "Lenders" under the Prepetition Credit Agreement, in their capacities as lenders under the Prepetition Credit Agreement, together with their successors and permitted assigns.

  • DIP Lender means a lender under the DIP Facility.

  • First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.

  • DIP Lenders has the meaning assigned to such term in Section 2.05(b).

  • Prepetition Loan Documents means the “Loan Documents” as defined in the Prepetition Credit Agreement.

  • Prepetition Credit Agreement has the meaning specified in the recitals hereto.

  • First Lien Loan Documents means the “Loan Documents” as defined in the First Lien Credit Agreement.

  • Subordinated Lender means each Seller, in its capacity as subordinated lender pursuant to the relevant Subordinated Loan Agreement.

  • Subordinated Lenders means each and every Person to whom any of the Subordinated Indebtedness are owed.

  • DIP Agent means the administrative agent for the DIP Lenders as defined in the DIP Credit Agreement.

  • Facility Lender Any lender(s) or tax equity financing party providing any Facility Debt and any successor(s) or assigns thereto, collectively.

  • Prepetition Agent means the Postpetition Lender as Administrative Agent under the Prepetition Credit Agreement.

  • Revolving Facility Lender means a Lender (including an Incremental Revolving Facility Lender) with a Revolving Facility Commitment or with outstanding Revolving Facility Loans.

  • Subordinate Lender means the person or entity named as such in the first paragraph of this Agreement and any other person or entity who becomes the legal holder of the Subordinate Note after the date of this Agreement.

  • Second Lien Loan A Mortgage Loan secured by a second lien Mortgage on the related Mortgaged Property.

  • DIP Facility means the debtor-in-possession secured financing facility provided to the Debtors by the DIP Lenders pursuant to the DIP Credit Agreement as authorized by the Bankruptcy Court pursuant to the DIP Facility Order.

  • Term Loan Claims means any Claim on account of, arising under, derived from, or based upon the Term Loan Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising thereunder or related thereto.