Examples of Term DIP Facility in a sentence
The Debtors will rely on this draw under the Term DIP Facility and Cash on hand to fund other payments required in connection with emergence.
On the Effective Date or as soon as reasonably practicable thereafter, except to the extent that a Holder of an Allowed Term DIP Facility Claim agrees to less favorable treatment, in full and final satisfaction, settlement, release, and discharge of and in exchange for each Allowed Term DIP Facility Claim, each such Holder of an Allowed Term DIP Facility Claim shall receive, on a dollar-for-dollar-basis, its Pro Rata share of the New First Lien Term Loan A-1 Tranche.
In accordance with section 1123(a)(1) of the Bankruptcy Code, the Plan does not classify Administrative Claims, ABL DIP Claims, Term DIP Facility Claims, Priority Tax Claims, or Professional Fee Claims and, thus, Article III of the Plan does not include such Claims in the Classes of Claims set forth therein.
Additionally, prior to the Effective Date, the Debtors may draw under the Term DIP Facility (subject to and in accordance with the Final DIP Order).
Given their current financial condition, financing arrangements and capital structure, the Debtors are unable to obtain financing from sources other than the Term DIP Lenders on terms more favorable than provided for in the Term DIP Facility.
The Term DIP Facility was negotiated in good faith and at arms’ length among the Debtors, the Term DIP Agent and the Term DIP Lenders.
For the avoidance of doubt, except for the Initial Fixed Amount, the Toys Delaware Debtors shall repay all remaining amounts owing under the Term DIP Facility prior to making any other distributions, including distributions into the Administrative Claims Distribution Pool.
The Debtors do not have sufficient available sources of working capital or financing to operate their businesses or maintain their properties in the ordinary course of business without the Term DIP Facility.
The Debtors are evaluating the assets and liabilities at each Debtor and reserve all rights related thereto, including the right to modify the proposed treatment of Claims in Class 8 under the Plan as a result of such evaluation.Case 17-42267 Doc 376 Filed 04/25/17 Entered 04/25/17 22:42:25 Main DocumentPg 35 of 197 amortizing term loan, which shall be in an amount of $280 million less the amount of the outstanding balance of the Term DIP Facility on the Effective Date.
The claims under the Term DIP Facility (the “Term DIP Facility Claims”) shall be allowed in the full amount due and owing under the Term DIP Facility.