Prepetition ABL Priority Collateral definition

Prepetition ABL Priority Collateral has the meaning specified in the DIP Orders.
Sample 1Sample 2
Prepetition ABL Priority Collateral shall have the meaning assigned to the term “ABL-Priority Collateral” in the Prepetition ABL Intercreditor Agreement.
Sample 1Sample 2
Prepetition ABL Priority Collateral the “ABL Facility First Priority Collateral” under and as defined in the Prepetition ABL Facility Agreement.
Sample 1

Examples of Prepetition ABL Priority Collateral in a sentence

  • 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.

  • 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 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”).

  • 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).

  • 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.

  • 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”).

  • 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.

  • 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 access by the DIP Parties to sufficient working capital and liquidity through the use of ABL Cash Collateral and other Prepetition ABL Priority Collateral, incurrence of new indebtedness under the DIP ABL Documents and other financial accommodations provided under the DIP ABL Documents are necessary and vital to the preservation and maintenance of the going concern value of the DIP Parties and to a successful reorganization of the DIP Parties and DIP ABL Obligations.

  • The Prepetition Term Loan Agreement originally provided for $280 million of term loans secured by a first priority lien on the Prepetition Term Priority Collateral and a second priority lien on the Prepetition ABL Priority Collateral.


More Definitions of Prepetition ABL Priority Collateral

Prepetition ABL Priority Collateral means “ABL Priority Collateral” as defined in the Prepetition ABL Intercreditor Agreement.
Sample 1
Prepetition ABL Priority Collateral means the “ABL Priority Collateral” as such term is defined in the Prepetition Intercreditor Agreement. “Prepetition Intercreditor Agreement” means that certain Amended and Restated Intercreditor Agreement among the Prepetition ABL Agent and the
Sample 1
Prepetition ABL Priority Collateral means “Revolving Facility Priority Collateral” as defined in the Prepetition Intercreditor Agreement (as defined below).
Sample 1
Prepetition ABL Priority Collateral shall have the meaning attributed to “ABL Priority Collateral” in the Intercreditor Agreement.
Sample 1

Related to Prepetition ABL Priority Collateral

  • ABL Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Notes Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Term Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Second Priority Collateral means any “Collateral” as defined in any Second Priority Debt Document or any other assets of the Borrower or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Second Priority Collateral Document as security for any Second Priority Debt Obligation.

  • Priority Collateral means the ABL Priority Collateral or the Term Priority Collateral, as applicable.

  • Term Loan Priority Collateral as defined in the Intercreditor Agreement.

  • Second Priority Collateral Documents means the Initial Second Priority Collateral Documents and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any Grantor for purposes of providing collateral security for any Second Priority Debt Obligation.

  • First Priority Collateral means all assets, whether now owned or hereafter acquired by the Borrower or any other Loan Party, in which a Lien is granted or purported to be granted to any First Priority Secured Party as security for any First Priority Obligation.

  • ABL Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any ABL Obligations.

  • First Lien Collateral Documents means the “Security Documents” or “Collateral Documents” or similar term (as defined in the applicable First Lien Loan Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any First Lien Obligations or pursuant to which any such Lien is perfected.

  • Senior Collateral Agent means Citicorp USA, Inc., in its capacity as Senior Collateral Agent under the Senior Collateral Documents, and its successors.

  • Prepetition Collateral means the collateral securing the Prepetition BP Secured Claim, including, without limitation, the Posted Collateral.

  • First Priority Lien Obligations means (i) all Secured Bank Indebtedness, (ii) all other Obligations (not constituting Indebtedness) of the Issuer and its Restricted Subsidiaries under the agreements governing Secured Bank Indebtedness and (iii) all other Obligations of the Issuer or any of its Restricted Subsidiaries in respect of Hedging Obligations or Obligations in respect of cash management services in each case owing to a Person that is a holder of Indebtedness described in clause (i) or Obligations described in clause (ii) or an Affiliate or Representative of such holder at the time of entry into such Hedging Obligations;

  • ABL Collateral Documents means all “Security Documents” as defined in the Original ABL Credit Agreement, and all other security agreements, mortgages, deeds of trust and other collateral documents executed and delivered in connection with any ABL Credit Agreement, and any other agreement, document or instrument pursuant to which a Lien is granted securing any ABL Obligations or under which rights or remedies with respect to such Liens are governed, in each case as the same may be amended, supplemented, waived or modified from time to time.

  • Equal Priority Intercreditor Agreement means the Equal Priority Intercreditor Agreement substantially in the form of Exhibit G-1 among (x) the Collateral Agent and (y) one or more representatives of the holders of one or more classes of Permitted Additional Debt and/or Permitted Equal Priority Refinancing Debt, with any immaterial changes and material changes thereto in light of the prevailing market conditions, which material changes shall be posted to the Lenders not less than five Business Days before execution thereof and, if the Required Lenders shall not have objected to such changes within five Business Days after posting, then the Required Lenders shall be deemed to have agreed that the Administrative Agent’s and/or Collateral Agent’s entry into such intercreditor agreement (with such changes) is reasonable and to have consented to such intercreditor agreement (with such changes) and to the Administrative Agent’s and/or Collateral Agent’s execution thereof.

  • Credit Agreement Collateral Agent has the meaning assigned to such term in the introductory paragraph of this Agreement.

  • Senior Collateral Documents means the Security Agreement and the other “Collateral Documents” as defined in the Credit Agreement, the First Lien Intercreditor Agreement (upon and after the initial execution and delivery thereof by the initial parties thereto) and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any other Grantor for purposes of providing collateral security for any Senior Obligation.

  • Second Lien Collateral Documents means the “Security Documents” or “Collateral Documents” (as defined in the applicable Second Lien Debt Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any Second Lien Obligations or pursuant to which any such Lien is perfected.

  • First Lien Collateral Agent means the “Collateral Agent” as defined in the First Lien Credit Agreement.

  • Second Priority Debt Documents means the Initial Second Priority Debt Documents and, with respect to any series, issue or class of Second Priority Debt, the promissory notes, indentures, Collateral Documents or other operative agreements evidencing or governing such Indebtedness, including the Second Priority Collateral Documents.

  • ABL Collateral Agent means JPMorgan Chase Bank, N.A., in its capacity as collateral agent for the ABL Facility Secured Parties, together with its successors and permitted assigns under the ABL Facility Agreement and the ABL Facility Collateral Documents.

  • Indenture Collateral has the meaning set forth in the Granting Clause of the Indenture.

  • Permitted Priority Liens means Liens permitted under any of the clauses (b), (c), (d), (e), (f) or (i) of Section 9.02.

  • Credit Agreement Collateral Documents means the Security Agreement, the other Collateral Documents (as defined in the Credit Agreement) and each other agreement entered into in favor of the Credit Agreement Collateral Agent for the purpose of securing any Credit Agreement Obligations.

  • Senior Collateral means any “Collateral” as defined in any Credit Agreement Loan Document or any other Senior Debt Document or any other assets of the Company or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Senior Collateral Document as security for any Senior Obligations.

  • First Lien/First Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, as such document may be amended, restated, supplemented or otherwise modified from time to time.