Examples of Term Loan DIP Facility in a sentence
Notably, substantially all of the Ad Hoc Group of Term Loan Lenders are participating in the Term Loan DIP Facility.
Both the DIP ABL Facility and the Term Loan DIP Facility are being provided by the Debtors’ existing lenders.
As a result, the DIP ABL Facility paid down the claims under the ABL Facility (which, as oversecured claims, would have otherwise accrued interest during the Debtors’ chapter 11 cases) and the Term Loan DIP Facility will be satisfied with new debt and New Equity (as opposed to a cash recovery).
If the Priority Term Loan Claims are not satisfied with the proceeds of the Term Loan DIP Facility, on the Effective Date, the Priority Term Loan Claims shall be Allowed in the aggregate principal amount of $26,594,478, plus accrued and unpaid interest on such principal amount through the Petition Date and any fees and other expenses arising under or in connection with the Priority Term Loan Credit Agreement.
As a result, the DIP ABL Facility will pay down the claims under the ABL Facility (which, as oversecured claims, would otherwise accrue interest during the Debtors’ chapter 11 cases) and the Term Loan DIP Facility will be satisfied with new debt and Reorganized HoldCo equity (as opposed to a cash recovery).
Any contrary provision hereof notwithstanding, following the occurrence of the Effective Date and the making of distributions on the Effective Date pursuant hereto, (i) any Cash held by the Wind-Down Debtors in excess of the Wind-Down Amount and (ii) the proceeds of any non-Cash Estate assets vested in the Wind-Down Debtors, shall be payable first to Holders of Term Loan DIP Facility Claims and second to Holders of First Lien Credit Agreement Claims until such claims are indefeasibly paid in full.
Except to the extent such holder agrees to less favorable treatment, each holder of an Allowed Term Loan DIP Facility Claim shall receive, in full and final satisfaction, settlement, release, and discharge of, and in exchange for, each such Claim, subject to the U.S. Citizen Determination Procedures (i) its Pro Rata share of the $50 million of the New Money Preferred Equity, and/or (ii) New Money Preferred Warrants.
Unless otherwise specifically provided for in the Restructuring Support Agreement, Plan, Confirmation Order, the ABL DIP Facility, the Term Loan DIP Facility, the DIP Orders, or other Bankruptcy Court order or otherwise required by applicable law, postpetition interest shall not accrue or be paid on any Claims or Interests, and no holder of a Claim or Interest shall be entitled to interest accruing on or after the Petition Date on any such Claim or Interest.
The percentage ratio of the number of shares of New Money Preferred Equity to the number of New Money Preferred Warrants to be issued to each holder of an Allowed Term Loan DIP Facility Claim that is a Non-U.S. Citizen is subject to the priorities set forth in the New Money Preferred Warrant Agreement.
The issuance and distribution, or other transfer, on the Effective Date of Reorganized Debtor Equity to the Distribution Agent for the benefit of Holders of Term Loan DIP Facility Claims and Holders of Allowed First Lien Credit Agreement Claims in Class 3 in accordance with the terms Article XI herein shall be authorized.