Examples of Term Loan Exit Facility in a sentence
On the Effective Date, a portion of the proceeds of the (a) ABL Exit Facility shall be used to pay ABL DIP Claims in full, and (b) Term Loan Exit Facility shall be used to pay Term Loan DIP Claims in full.
If the Debtors are not able to obtain binding commitments for the Second Lien Term Loan Exit Facility reasonably acceptable to the Company and the Required Consenting Creditors on or before the filing of the Plan Supplement, the Second Lien Term Loan Exit Facility shall be provided by the Consenting Creditors, and its terms shall be included in the Plan Supplement (unless otherwise agreed by the Debtors and Required Consenting Creditors).
Except to the extent that a Holder of an Allowed DIP Facility Claim agrees to a less favorable treatment, in full and final satisfaction, settlement, release, and discharge of and in exchange for each Allowed DIP Facility Claim, each Holder of such Allowed DIP Facility Claim shall receive its allocated share of the New First Lien Term Loan Exit Facility on the Plan Effective Date.
On or before the Effective Date, the Reorganized Debtors shall enter into the New Term Loan Exit Facility, and are authorized to enter into the New Revolving Exit Facility.
All materials included in the Plan Supplements, including the ABL Exit Facility (as defined below) and the Term Loan Exit Facility (as defined below, and together with the ABL Exit Facility, the “Exit Facilities”), comply with the terms of the Plan and the filing and notice of such documents was good and proper and in accordance with the Bankruptcy Code, the Bankruptcy Rules and the Local Rules, and no other or further notice is or shall be required.
In addition, the Reorganized Debtors may operate their business free of any restrictions imposed by the Bankruptcy Code, the Bankruptcy Rules or by the Court, subject only to the terms and conditions of the Plan as well as the documents and instruments executed and delivered in connection therewith, including without limitation, the documents and instruments included in the Plan Supplement and the ABL Exit Financing Documents and the Term Loan Exit Facility Documents.
The Second Lien Term Loan Exit Facility shall be marketed by Case 15-10332 Doc 16 Filed 02/18/15 Page 29 of 152 26 LA\4007356.1 the Company in consultation with the First Lien Term Loan Exit Facility lender (once selected).
To the extent the principal amount of the First Lien Term Loan Exit Facility exceeds $150,000,000.00, the maximum principal amount of the Second Lien Term Loan Exit Facility shall be reduced on a dollar-for-dollar basis.
Furthermore, the cash proceeds received in connection with clause (b) above shall not be reborrowed or otherwise used to pay down any Term Loans or other obligations owing under the Term Loan Exit Facility.
Pursuant to the Support Agreement, the Second Lien Term Loan Exit Facility shall be fully backstopped by the Consenting Creditors on the terms set forth on Exhibit 1 hereto and otherwise reasonably acceptable to the Company and the Required Consenting Creditors.