Prepetition ABL Priority Collateral definition
Examples of Prepetition ABL Priority Collateral in a sentence
The Senior Secured Notes and the Debtors’ obligations under the Prepetition Notes Agreement are secured by (a) first priority liens on goodwill, intellectual property, and any other property not constituting Prepetition ABL Priority Collateral (the “Prepetition Notes Priority Collateral”) and (b) second priority liens on Prepetition ABL Priority Collateral.
The Debtors shall not sell, transfer, lease, encumber or otherwise dispose of any portion of the DIP ABL Priority Collateral or Prepetition ABL Priority Collateral other than in the ordinary course of business without the prior written consent of the DIP ABL Agent and Prepetition ABL Agent, except as otherwise provided for in the DIP ABL Documents, and subject to the DIP Intercreditor Agreement.
Notwithstanding anything herein to the contrary, the DIP ABL Priming Liens shall be (i) subject and junior to the Carve Out in all respects (but in accordance with paragraph 5 hereof), (ii) junior to the Prepetition ABL Permitted Prior Liens, (iii) senior in all respects to the Prepetition ABL Liens, (iv) senior to the Adequate Protection Liens and (v) senior to the DIP Term Liens and Prepetition Term Liens on such Prepetition ABL Priority Collateral.
The Prepetition ABL was further secured by junior liens (junior in priority only to the First-Lien Notes described below) on collateral that generally included most of the Debtors’ personal property other than the ABL Priority Collateral, subject to certain exclusions—including the exclusion of any Principal Property—and permitted liens (the “Notes Priority Collateral” and together with the Prepetition ABL Priority Collateral, the “Notes Collateral”).
Most cases are heard by a panel of three judges, one of who may be a junior judge.
The treasurer may collect any unpaid property taxes, interest, and penalties for a peri- od not to exceed five years as provided under RCW 84.36.385.
There were scheduled interest payments due on April 15 in respect of the 6.625% First Lien Notes and the 10.000% First Lien Notes of $51.3 million and $15.8 million, respectively.Subject to the Carve-Out and any senior Non-Primed Liens (both as defined in the Final DIP Order), the First Lien Notes continue to be secured by senior liens on the Notes Priority Collateral and by junior liens (junior in priority only to the DIP ABL described below) on the Prepetition ABL Priority Collateral.
The Prepetition Term Loans are secured by (a) first priority security interests in and liens (subject only to certain of the liens permitted under the Prepetition Term Loan Documents) on the Prepetition Term Priority Collateral and (b) second priority security interests in and liens on the Prepetition ABL Priority Collateral (such liens and security interests in clauses (a) and (b), the “Prepetition Term Loan Liens” and, together with the Prepetition ABL Liens, the “Prepetition Liens”).
Pursuant to section 364(d)(1) of the Bankruptcy Code, a valid, binding, continuing, enforceable, fully-perfected first priority priming security interest in and lien upon all Prepetition ABL Priority Collateral, regardless of where located, regardless of whether or not any liens on such assets are voided, avoided, invalidated, lapsed or unperfected, which shall prime the Prepetition ABL Liens and the Prepetition Term Liens (the “DIP ABL Priming Liens”).
In connection with any enforcement action, the lenders under the ABL Exit Facility and the holders of Takeback ABL Loans and Takeback FILO Loans (collectively, the “Takeback Debt”) will recover first from the collateral constituting, or that would have constituted, Prepetition ABL Priority Collateral (as defined in the Final DIP Order) before recovering from collateral constituting, or that would have constituted, Prepetition ABL Junior Collateral (as defined in the Final DIP Order).