Examples of Qualified Mezzanine Loan in a sentence
During the 1930’s the faculty offered a senior option in Aeronautics.
The financial accommodations to be extended pursuant to the Qualified Mezzanine Loan are being extended in good faith and for legitimate business purposes, are reasonable, shall not be subject to recharacterization for any purposes whatsoever, and shall not constitute preferential transfers or fraudulent conveyances under the Bankruptcy Code or any other applicable non-bankruptcy law.
The Qualified Mezzanine Loan, and the terms thereof set forth in the term sheet for the Qualified Mezzanine Loan Agreement [see Docket No. 664, Exh.
Additionally, the terms of the Qualified Mezzanine Loan Agreement and the Qualified Mezzanine Intercreditor Agreement (collectively, the “Qualified Mezzanine Documents”), are fairand reasonable, reflect the Debtors’ exercise of prudent business judgment, do not conflict with any contracts or agreements of third parties, are supported by reasonably equivalent value and fair consideration, and are in the best interests of the Debtors and their Estates.
The waiver of default interest and Post-Effective Date Loan provided by the Prepetition Secured Lender, the New Hotel Management Agreement and $15 million of “key money” provided by the Qualified Manager, and the $25 million Qualified Mezzanine Loan provided by the Qualified Mezzanine Lender are the cornerstones of the Debtors’ reorganization.
The Qualified Mezzanine Loan, and the terms thereof set forth in the Qualified Mezzanine Loan Agreement, is the best financing alternative available and is necessary to the consummation of the Plan and the operation of the Hotel after the Effective Date.
Section 5.2 of the Plan provides that, except as to Class 4(C) and as otherwise provided in the Plan, all Cash necessary to make payments required under the Plan shall be funded from proceeds advanced under the DIP Facility, Cash on hand, the Qualified Mezzanine Loan, or the proceeds of the Parent Capital Contribution.
Additionally, the terms of the Qualified Mezzanine Loan Agreement and the Qualified Mezzanine Intercreditor Agreement (collectively, the “Qualified MezzanineDocuments”), are fair and reasonable, reflect the Debtors’ exercise of prudent business judgment, do not conflict with any contracts or agreements of third parties, are supported by reasonably equivalent value and fair consideration, and are in the best interests of the Debtors and their Estates.
The Plan also contemplates procurement of a Qualified Mezzanine Loan by SC SJ’s parent company, guaranteed by an affiliate of the Qualified Manager, the proceeds of which will be used, subject to the terms thereof, to fund senior secured debt, reserves, the Hotel’s reopening, and other Hotel- related costs.
The Qualified Mezzanine Loan is in the best interest of the Hotel, Debtor SC SJ, and its creditors.