Prepetition RBL Agent definition
Examples of Prepetition RBL Agent in a sentence
Until the Discharge of Senior DIP Obligations, the Junior DIP Agent and the Junior DIP Secured Parties may not seek to amend, modify, vacate, supplement or waive the terms of this Interim Order in a manner adverse to the interests or rights of the Senior DIP Secured Parties or, prior to the Prepetition RBL Obligatoins being discharged, the Prepetition RBL Secured Parties, in either case without the prior written consent of the Senior DIP Agent and the Prepetition RBL Agent, as applicable.
Any proof of claim filed by the Prepetition RBL Agent, Prepetition FLMO Term Loan Agent, Prepetition FLLO Term Loan Agent or Prepetition Second Lien Collateral Trustee 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 Secured Parties.
The Prepetition RBL Agent, the Prepetition FLMO Term Loan Agent, the Prepetition FLLO Term Loan Agent and the Prepetition Second Lien Collateral Trustee are party to that certain Intercreditor Agreement dated as of December 15, 2015 (as amended, supplemented or otherwise modified from time to time, the “Second Lien Intercreditor Agreement”, and together with the Pari Passu Intercreditor Agreement and Collateral Agency Agreement, the “Intercreditor Agreements”).
The Debtors shall continue to pay any such fees, costs and expenses incurred by the Prepetition RBL Agent, including the reasonable and documented fees and expenses of the RBL Agent Professionals (including any such fees, costs and expenses incurred defending any Challenge) notwithstanding the repayment of the Prepetition RBL Obligations.
Except as otherwise provided in this section, as a condition precedent to the Effective Date, the Debtors shall enter into the Exit Facility, a senior secured revolving reserve-based lending credit facility to be arranged and provided by the Lenders under the Prepetition RBL Credit Agreement in the maximum amount of $500 million, as set forth in the Exit Facility Term Sheet, or otherwise on terms acceptable to the Debtors, the Plan Sponsor and the Prepetition RBL Agent.
Claim Reserve On the Effective Date, the Debtors shall fund the Professional Fee Claim Reserve in such amount as determined by the Debtors, with the consent of the Prepetition RBL Agent and the Required Consenting Term Lenders, or as determined by order of the Bankruptcy Court, as necessary in order to be able to pay in full in Cash the Professional Fee Claims, as and when Allowed.
The Debtors are authorized to file those certain fee letters by and between the Debtors and the DIP Agent (the “Fee Letters”) with certain redactions and unredacted copies shall be provided solely to (i) the U.S. Trustee, (ii) counsel to the Prepetition RBL Agent, (iii) counsel to any Committee, (iv) this Court and (v) any other party as may be ordered by this Court after notice and a hearing, or agreed by the Debtors and the DIP Agent (collectively, the “Limited Notice Parties”).
Except as otherwise provided in this Plan, Holders of Claims, including the Prepetition RBL Agent with respect to the Prepetition RBL Claims and the Prepetition Term Loan Agent with respect to the Prepetition Term Loan Claims, will not be required to File a proof of Claim, and except as provided in this Plan, no parties should File a proof of Claim.
Without limiting the requirements of the foregoing, the DIP Loan Parties shall (a) provide to the DIP Agent, the DIP Lenders, and the Prepetition RBL Agent (and, in each case, their respective consultants, advisors and professionals) reasonable access to the Debtors’ books and records, assets and properties, for purposes of monitoring the Debtors’ businesses, evaluating compliance with the budget and monitoring the value of the DIP Collateral.
To secure the Prepetition RBL Obligations, each of the DIP Borrower and the DIP Guarantors granted to the Prepetition RBL Agent, for the benefit of the Prepetition RBL Secured Parties, properly perfected first priority continuing liens, mortgages on and security interests (collectively, the “Prepetition RBL Liens”) in all Collateral as defined in the Prepetition RBL Credit Agreement (the “Prepetition RBL Collateral”).