Replacement DIP Facility definition
Examples of Replacement DIP Facility in a sentence
In no event shall any refinancing or repayment of, or attempt to refinance or repay, the Replacement DIP Facility in cash and in full or the Prepetition Credit Agreement be deemed a breach of this Section 4.02 or other provision of this Agreement or the Replacement DIP Facility.
On the Effective Date, the Replacement DIP Facility (as it may be amended with the consent of the Backstop Parties and the Credit Committee) shall convert into an Exit Facility as per its terms or shall be repaid in full.
All claims held by lenders on account of the Replacement DIP Facility will be assumed by New Tronox on the Effective Date in accordance with the terms of the Credit Agreement.
Meridian shall use its best efforts to finalize and obtain a replacement debtor-in-possession financing facility for the Company on the terms provided in that certain Commitment Letter form GE Capital Corporation and Citibank USA (the Lenders) dated June 9, 1995 (the Replacement DIP Facility).
In accordance with the terms of the Credit Agreement, the Debtors shall file a motion seeking approval of the Debtors’ entry into the Replacement DIP Facility, the Plan Support Agreement and the Commitment Agreement and seek entry of an interim order (the “Financing Order”), substantially in the form attached as Exhibit B hereto, approving the Debtors’ entry into the Replacement DIP Facility, the Plan Support Agreement and the Commitment Agreement.
For purposes of this Agreement, neither any exercise by Investor of its rights and remedies as lender under the Replacement DIP Facility nor any failure or refusal of Investor as lender to grant any consent or waiver under the Replacement DIP Facility shall be considered a willful and material breach under this Agreement.
On the Effective Date, the Replacement DIP Facility shall convert into the Exit Facility and the lenders under the Replacement DIP Facility will become lenders thereunder in accordance with the terms of the Credit Agreement.
The Debtors shall have obtained Bankruptcy Court authorization to enter into the Replacement DIP Facility and shall not have obtained additional debtor-in-possession financing prior to the Effective Date.