Examples of TCEH DIP Agent in a sentence
Accordingly, the TCEH DIP Agent respectfully requests that the Court grant the DIP Liens on all unencumbered assets, to the extent set forth in the DIP Credit Agreement.
Indeed, while the Objectors contest the propriety of the adequate protection payments and, thereby, the magnitude of the DIP Facility, the Objectors nowhere suggest that the economic protections provided to the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers are anything but fair, reasonable, and the product of arm’s length negotiations.
Even if Adams was factually on all fours with the circumstances here, which the TCEH DIP Agent respectfully submits is not the case, the court in Adams did not consider the propriety of granting postpetition liens on the proceeds of avoidance actions to prepetition lenders, let alone to DIP lenders.
The TCEH DIP Agent respectfully submits that such grant is particularly appropriate here for two principal reasons.
The ability of the Objectors to impose the doctrine of marshaling on the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers should not rise and fall on the projected recoveries of unsecured creditors.Whether unsecured creditors are in or out of the money is entirely irrelevant to this determination.
The TCEH DIP Agent is, of course, hopeful that the DIP Facility is over-collateralized as the TCEH Debtors assert.
The Objectors instead appeal to their myopic definition of “fairness,” contending that, without invoking the doctrine of marshaling, the TCEH DIP Agent, the DIP Lenders, and the DIP L/C Issuers will be able to liquidate, in a downside scenario, the unencumbered property first to satisfy the DIP Obligations.
Accordingly, for the reasons set forth herein, the TCEH DIP Agent respectfully submits that the Court should defer to the TCEH Debtors’ business judgment in entering into the DIP Facility, approve the DIP Facility on a final basis, and overrule the Objections in their entirety.
At times during the experiment, the MNIG team had trouble using the collaboration software and could not access information that was shared with the headquarters staff.
The reason for victim activism is to prevent secondary victimisation and empower victims (McCaffrey, 1998; O’Leary & Green, 2020).