Examples of Prepetition Borrower in a sentence
As more fully set forth in the Prepetition Loan Documents, prior to the Petition Date, the Prepetition Borrower and the Prepetition Guarantors granted to the Prepetition Agent, for the benefit of itself and the Prepetition Lenders, a first priority security interest in and continuing lien on (the “Prepetition Credit Facility Liens”) substantially all of their assets and property, excluding any Excluded Assets (the “Prepetition First Lien Collateral”).
Pursuant to that certain Amended and Restated Guarantee Agreement, originally dated as of July 17, 2006, and as amended and restated as of April 24, 2015 (as amended, restated, amended and restated, supplemented, waived, and/or otherwise modified from time to time), the subsidiary Debtors party thereto (the “Prepetition Guarantors”) guaranteed on a joint and several basis the obligations of the Prepetition Borrower under the Prepetition Credit Agreement and the other Prepetition Loan Documents.
Pursuant to that certain Amended and Restated Guarantee Agreement, originally dated as of July 17, 2006, and as amended and restated as of April 24, 2015 (as amended, restated, amended and restated, supplemented, waived, and/or otherwise modified from time to time), the subsidiary Debtors party thereto (the “Prepetition Guarantors”) guaranteed on a joint and several basis the obligation of the Prepetition Borrower under the Prepetition Credit Agreement and the other Prepetition Loan Documents.
The Franchise herein granted shall at theoption of the City, cease and terminate one hundred twenty (120) days after the appointment of a receiver or receivers or trustee or trustees to take over and conduct the business of the Company whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days.B. CUMULATIVE RIGHTS.
Pursuant to the Prepetition Loan Documents, the obligations of the Prepetition Guarantors to guarantee the full payment and performance of the Prepetition Borrower are secured by substantially all of the personal property assets of each of the Prepetition Guarantors.
As used herein, the “Prepetition Loan Parties” shall mean, collectively, the Prepetition Borrower, Holdings, the Subsidiary Guarantors (as defined in the Pre-Petition Credit Agreement), and the other Loan Parties (as defined in the Pre-Petition Credit Agreement).
The Prepetition Secured Claim constitutes the legal, valid, and binding obligations of the Prepetition Borrower and certain of its direct and indirect Subsidiaries (as defined in the Prepetition Credit Agreement), enforceable against them in accordance with the terms of the Prepetition Credit Documents (other than in respect of the stay of enforcement arising from section 362 of the Bankruptcy Code).
The loans provided under the Prepetition Credit Agreement are secured by a lien on substantially all of the Prepetition Borrowers’ assets, including all cash held at PSI, but expressly excluding, among other things, any asset of a Prepetition Borrower encumbered by a lien securing a permitted debt facility or otherwise pledged to third-party investors in accordance with the Prepetition Borrower’s ordinary course of business (the “Prepetition Collateral”).
The Prepetition Hedge Agreement was terminated as of March 8, 2023, yielding a termination payment to the Prepetition Borrower in the approximate amount of $6.648 million (the “Hedge Termination Payment”).
As more fully set forth in the Prepetition Loan Documents, prior to the Petition Date the Prepetition Borrower and the Prepetition Guarantors (as defined below) granted to the16 Formerly known as IberiaBank, a division of First Horizon Bank.