Examples of RBL Loan Documents in a sentence
For the avoidance of doubt, nothing in this paragraph shall apply to or affect or impair the Prepetition RBL Loan Documents or the Exit Facilities Loan Documents, which shall remain in full force and effect as of and after the Effective Date (as such Prepetition RBL Loan Documents are amended and restated pursuant to this Plan).
For the avoidance of doubt, nothing in this paragraph shall (x) apply to or affect or impair the Prepetition RBL Loan Documents or the Exit Facilities Loan Documents, (y) apply to or affect or impair the Postpetition Hedge Agreements, or (z) affect or impair the Prepetition Notes Indenture Trustee Charging Lien, which shall remain in full force and effect as of and after the Effective Date.
The making of each extension of credit under the RBL Facility shall be conditioned upon (a) the accuracy of representations and warranties set forth in the RBL Loan Documents in all material respects (without duplication of any materiality standard), (b) delivery of a customary borrowing notice and (c) the absence of defaults or events of default at the time of, and after giving effect to the making of, such extension of credit.
The New RBL Loan Documents shall constitute legal, valid, binding, and authorized joint and several obligations of the Reorganized OpCo Debtors enforceable in accordance with their terms and such obligations shall not be enjoined or subject to discharge, impairment, release, avoidance, recharacterization, or subordination under applicable law, the Plan, or this Order.
The Prepetition RBL Claims are deemed Allowed Prepetition RBL Claims in the aggregate principal amount of $146,950,000.00, plus all applicable accrued but unpaid interest at the applicable rate, fees, costs, charges, premiums or other amounts arising under the Prepetition RBL Credit Agreement and the Prepetition RBL Loan Documents through the Effective Date.
On the Effective Date, the Debtors and the Reorganized OpCo Debtors, as applicable, are authorized without further approval of the Court to enter into the New RBL Loan Documents and to perform their obligations thereunder, including the payment or reimbursement of certain fees, expenses, losses, damages or indemnities (as set forth in the New RBL Facility Commitment Letter (defined in the Final DIP Order6)).
The RBL Loan Documents shall contain customary provisions (i) protecting the Lenders against increased costs or loss of yield resulting from changes in reserve, tax, capital adequacy and other requirements of law and from the imposition of or changes in withholding or other taxes and (ii) indemnifying the Lenders for “breakage costs” incurred in connection with, among other things, any prepayment of a LIBOR loan on a day other than the last day of an interest period with respect thereto.
The New RBL Agent is authorized to file, with the appropriate authorities, financing statements, amendments thereto, or assignments thereof and other documents, including mortgages or amendments or assignments thereof in order to evidence the first priority Liens, pledges, mortgages, and security interests granted in connection with the New RBL Loan Documents.
The guaranties, mortgages, pledges, Liens, and other security interests granted in connection with the New RBL Loan Documents are granted in good faith as an inducement to the lenders of the New RBL Facility to extend credit thereunder, shall be deemed not to constitute a fraudulent conveyance or fraudulent transfer, shall not otherwise be subject to avoidance and the priorities of such Liens, mortgages, pledges, and security interests shall be as set forth in the New RBL Loan Documents.
The execution, delivery and effectiveness of this Agreement, including this Section 12, shall not operate as a waiver of any right, power or remedy of any Consenting Creditor under the RBL Loan Documents or Term Loan Documents, as applicable, nor constitute a waiver of any provision of the RBL Loan Documents or Term Loan Documents.