Examples of Prepetition ABL Lender in a sentence
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A DIP Termination Declaration shall be delivered by electronic mail (or other electronic means) to counsel to the CA Debtors, counsel to a Committee (if appointed), counsel to each of the DIP Term Agent and the DIP ABL Lender (and to each other), counsel to each of the Prepetition Term Agent and the Prepetition ABL Lender (and to each other), counsel to the TX/PA DIP Agent, counsel to the Prepetition Trustees, and the U.S. Trustee.
The CA Debtors hereby stipulate and agree that none of the DIP Term Agent, the DIP ABL Lender, the Prepetition Term Agent, the Prepetition Term Lenders, or the Prepetition ABL Lender control the Debtors or their properties or operations, have authority to determine the manner in which any Debtor’s operations are conducted or are control persons or insiders of the Debtors by virtue of any of the actions taken with respect to, in connection with, related to or arising from the Prepetition Loan Documents.
The Prepetition Term Agent and the Prepetition ABL Lender, as applicable, shall serve as agents for the DIP Term Agent and the DIP ABL Lender for purposes of perfecting the DIP Liens on all DIP Collateral that is of a type such that, without giving effect to the Bankruptcy Code and this Interim Order, perfection of a lien thereon may be accomplished only by possession or control by a secured party.
Upon entry of this Interim Order and to the fullest extent provided by applicable law, the DIP Term Agent (on behalf of the DIP Term Lenders), the DIP ABL Lender, the Prepetition Term Agent (on behalf of the Prepetition Term Lenders), and the Prepetition ABL Lender, shall be, and shall be deemed to be, without any further action or notice, named as additional insured and loss payee on each insurance policy maintained by the CA Debtors that in any way relates to the DIP Collateral.
Notwithstanding any order entered by the Court in relation to the establishment of a bar date in any of the Chapter 11 Cases or Successor Cases to the contrary, each of the Prepetition Term Agent and the Prepetition ABL Lender is hereby authorized and entitled, in their sole discretion, to file a master proof of claim on behalf of the Prepetition Term Secured Parties and the Prepetition ABL Secured Party, as applicable, in each of the Chapter 11 Cases or Successor Cases.
The CA Debtors shall concurrently deliver to the Prepetition ABL Lender all information, reports, documents, and other materials that the CA Debtors provide to the DIP Lenders pursuant to the DIP Documents, this Interim Order, and the Final Order, subject to any applicable confidentiality provisions contained in the Prepetition ABL Credit Agreement.
The Prepetition Term Agent and the Prepetition ABL Lender entered into that certain Intercreditor Agreement, dated as of September 16, 2019 (as amended, amended and restated, supplemented, or otherwise modified from time to time, the “Prepetition Intercreditor Agreement”), togovern the respective rights, interests, obligations, priority, and positions of the Prepetition Term Secured Parties and Prepetition ABL Secured Parties with respect to the assets and properties of certain of the CA Debtors.
Prior to the payment in full of the ABLObligations, only the consent of the Prepetition ABL Lender shall be required to approve any amendments, supplements or modifications of the Budget, provided, that the Prepetition ABLLender shall consult with the Prepetition Term Loan Agent and the Vendor Agent on not less than one (1) Business Day’s notice prior to consenting to such amendments, supplements or modifications (as so amended, supplemented or otherwise modified from time to time, the “Budget”).
The Prepetition ABL Lender provided the Borrowers with, among other things, $50,000,000 in aggregate maximum principal amount of revolving loan commitments, including a letter of credit sublimit of $17,500,000.