Examples of Prepetition First Lien Claim in a sentence
The Prepetition First Lien Claim Documents are genuine, valid, existing, legally enforceable, unavoidable, and admissible in the Cases for all purposes.
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If Class 5 votes to accept the Plan, each Holder of an Allowed Class 5 Claim (other than a Holder of an Allowed Prepetition Second Lien Claim who also holds an Allowed Prepetition First Lien Claim and is party to the Restructuring Support Agreement) (such holder, an “Eligible Allowed Class 5 Claim Holder”) shall have the right to elect to receive its Pro Rata share of a $2,102,991 cash pool in lieu of the Class 5 Plan Consideration such holder would otherwise receive under the Plan.
The Prepetition First Lien Secured Parties properly perfected their first- priority liens and security interests and other liens in the Prepetition First Lien Collateral as evidenced by, among other things, the Prepetition First Lien Claim Documents, documents held in possession of the Prepetition First Lien Secured Parties, and documents filed and/or recorded with the appropriate state, county, and other offices.
Each of the Debtors is indebted and liable under the terms and provisions of the Prepetition First Lien Claim Documents without defense, counterclaim, or offset of any kind, and the Prepetition First Lien Claim remains fully due and owing.
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The Prepetition First Lien Claim has matured and the Debtors are in default of their debts and obligations to the Prepetition First Lien Secured Parties under the terms and provisions of the Prepetition First Lien Claim Documents.
To the extent not previously accelerated or matured, the filing of these Cases has accelerated the maturity of the Prepetition First Lien Claim for all purposes in these Cases and in connection with the Prepetition First Lien Secured Parties’ enforcement of theirrespective rights and remedies under the Prepetition First Lien Claim Documents and applicable law.
Notwithstanding the foregoing, if, after notice and a hearing, the Court later determines that the Prepetition First Lien Claim is undersecured under section 506 of the Bankruptcy Code, all parties reserve the right to seek to recharacterize payments made pursuant to this Final Order upon a motion and after notice and hearing to the Prepetition First Lien Agent and the Prepetition First Lien Secured Parties reserve all rights, defenses, and remedies related thereto.
Prior to the exercise of any or all of their other rights and remedies set forth in the Interim Order, Final Order, Prepetition First Lien Claim Documents, and/or DIP Documents, the Agents and/or Lenders must also file a motion for relief from the automatic stay (which motion may be, but is not required to be, filed simultaneously with the Default Notice) and any hearing on such motion for relief from stay shall be heard on no less than five (5) business days’ notice.