Examples of Prepetition Term Lender in a sentence
Each Prepetition Term Lender that elects to participate in the DIP Facility shall be obligated to participate in its ratable portion of the Exit Term Loans and the commitments under the Exit Facility will be “stapled to” the DIP Facility and traded in equal percentage.
Each Backstop Term Lender may assign its respective commitments and agreements hereunder, in whole or in part to any other Backstop Term Lender or Prepetition Term Lender (with notice to the Debtors); provided that, in the case of an assignment of such commitments and agreements to a party who is not a Backstop Term Lender, such assignment may only be undertaken after such assignee becomes a party to the Restructuring Support Agreement.
Notwithstanding the foregoing, the Prepetition Term Lender Adequate Protection Liens shall not extend to assets held by the Debtors in trust; provided, however, that the Prepetition Term Lender Adequate Protection Liens shall extend to (a) any rights, claims or causes of action that the Debtors may have with respect to such assets, and (b) any proceeds of such assets that become property of the Debtors.
Participation in the DIP Facility will be offered to each Prepetition Term Lender in the amount of a pro-rata share in proportion to the amount of each Prepetition Term Lender’s outstanding commitments under the Prepetition Term Loan Agreement; provided that the “Backstop Lenders” identified as such on Annex I hereof (the “Backstop Lenders”) shall backstop the full aggregate amount of the DIP Facility by providing the commitments under the DIP Facility not assumed by the other Prepetition Term Lenders.
Such Lien shall not extend to Avoidance Actions except proceeds thereof as set forth in Section 7.1(a)(2)(A)(2) and (3), and shall be subject to the Carve Out, but otherwise shall be senior in priority to the adequate protection Liens securing the obligations in favor of the Prepetition Term Lender under the Prepetition Term Loan Agreement and all other Liens other than Permitted Liens, entitled to priority under applicable nonbankruptcy law.
Nothing in the Interim Order, this Final Order or the DIP Loan Documents shall in any way be construed or interpreted to impose or allow the imposition upon the DIP Secured Parties, any of the Prepetition RBL Lenders or Prepetition Term Lender of any liability for any claims arising from the prepetition or postpetition activities of any of the Debtors.
Aurelius Capital Management, LP ("Aurelius"), a Prepetition Term Lender, consents to the use of cash collateral in accordance with the Budget but does not consent to the provisions of paragraph 6(c) hereof other than the current cash payment of interest at the non-default rates and at the times provided for in the Prepetition Credit Agreement on the Prepetition Term Obligations (whether or not such interest payments are included in the Budget).