Examples of Secured Term Loan Lenders in a sentence
Any Reorganized Debtors Interests issued to Participating Secured Term Loan Lenders or Participating Revolving Loan Lender on account of the Exit Credit Agreement Facility shall dilute any Reorganized Debtors Interest issued pursuant to Article III of the Plan equally.
On the Effective Date, the Participating Secured Term Loan Lenders shall fund the Exit Secured Term Loan Facility, and the Participating Secured Revolving Loan Lenders shall fund the Exit Secured Revolving Loan Facility.
Both loans are secured by the same collateral, however, KeyBank’s position is senior to the Prepetition Secured Term Loan Lenders, entitling KeyBank to receive payment on the Revolving Loans first before any payment could be made to the Prepetition Term Loan Lenders.
Since the Secured Term Loan Lenders will not be afforded the opportunity to vote, the Proposed Plan cannot be confirmed and the Proposed Disclosure Statement should not be approved to the extent that the Plan includes provisions that result in the impairment of the Secured Term Loan Claims.
First, it describes a Proposed Plan that improperly classifies the Secured Term Loan Lenders as Unimpaired, when the Secured Term Loan Lenders are in fact impaired under the Proposed Plan.
Indeed, adding insult to injury, the Debtors’ updated Projections, as compared to the original Projections, eliminate $55 million of principal payments to the Secured Term Loan Lenders over the Projection Period.
The Debtors may also argue that the Secured Term Loan Lenders will claim they are no longer adequately protected for the use of their cash collateral, but the Debtors know that this argument does not hold water in the face of a non-priming 7 The Committee believes that the Debtors should work closely with the Ad Hoc Noteholder Group to determine on what terms the Ad Hoc Noteholder Group would agree to equitize their Junior DIP Loan.
Whether the proceeds that were used to make that repayment were provided by Sycamore, the Unsecured Term Loan Lenders, the Secured Term Loan Lenders, the ABL Lenders, or some other source, is a key issue because any party whose proceeds were used to repay pre-transaction debt would have an argument that they provided reasonably equivalent value to the Debtors, and possibly have a defense against a claim for fraudulent transfer.
Repair & Maintenance Equipment and ToolsAfter the discussion, by unanimous consent, the Committee agreed to advance the Repair & Maintenance Equipment and Tools contract to the full Board for approval.
An individual Secured Term Loan or the aggregate Secured Term Loans, as the case may be, in the maximum principal amount of $170,000,000.00 made by the Secured Term Loan Lenders hereunder.