Examples of Prepetition ABL Lender in a sentence
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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.
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The Prepetition ABL Lender is entitled to receive adequate protection of its interests in the Prepetition Collateral, including, without limitation, the Cash Collateral, pursuant to sections 361, 363, and 507(b) of the Bankruptcy Code.
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.
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.
Any proof of claim filed by the Prepetition Term Agent or the Prepetition ABL Lender shall be deemed to be in addition to and not in lieu of any other proof of claim that may be filed by any of the Prepetition Term Secured Parties or the Prepetition ABL Secured Party, respectively.
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 ABL Lender will receive (a) to the extent of any Diminution in Value of its interests in the Prepetition Collateral, ABL Adequate Protection Liens (as defined below) with the relative priorities set forth on Exhibit B hereto and ABL 507(b) Claims (as defined below); (b) current payment ofreasonable and documented fees and expenses and other disbursements as set forth in paragraph 14 herein; and (c) financial and other reporting, in each case, as set forth in paragraph 14 herein.