Examples of Term Loan Parties in a sentence
To secure the Prepetition FLLO Obligations, the Prepetition FLLO Term Loan Parties granted to BNYM, as Prepetition FLLO Term Loan Agent, for the benefit of itself and the Prepetition FLLO Secured Parties, properly perfected and continuing first-priority “last-out” liens, mortgages and security interests (collectively, the “Prepetition FLLO Liens”) in the Prepetition Collateral.
All use of Cash Collateral shall be in compliance with the budget agreed to by the Debtors and the Prepetition Term Loan Parties, a copy of which is annexed hereto as Exhibit A (as the same may be modified and/or extended from time to time with theconsent of the Prepetition Term Loan Parties in their sole and absolute discretion, the “Budget”).
The Prepetition Term Loan Parties shall not be subject to the equitable doctrine of “marshaling” or any other similar doctrine with respect to any of the Collateral.
The terms of this Stipulation and Order have been negotiated in good faith and at arm’s length among the Debtors and the Prepetition Term Loan Parties.
The Prepetition Term Loan Parties reserve the right to request further or different adequate protection in the future, and the Debtors or any other party may contest any such request.
The Prepetition Term Loan Parties shall not be required to file or record financing statements, mortgages, notices of lien, or similar instruments in any jurisdiction or take any other action in order to validate and perfect the Adequate Protection Liens granted to them pursuant to this Stipulation and Order.
The Debtors agree that (i) the Prepetition Term Loan Parties shall be entitled to all of the rights and benefits of section 552(b) of the Bankruptcy Code, and (ii) the “equities of the case” exception under section 552(b) of the Bankruptcy Code shall not apply to the Prepetition Term Loan Parties with respect to proceeds, product, offspring or profits of any of the Collateral, but such agreement is not binding on the Court.
The Budget may be further updated and amended (with the consent and/or at the request of the Prepetition Term Loan Parties in their sole and absolute discretion) from time to time, provided that such updated or amended Budget shall be in form and substance acceptable to the Prepetition Term Loan Parties in their sole and absolute discretion and the Debtors shall be required to comply with the Budget.
Without limiting (and solely to the extent of) its obligations to fund the Carve-Out, the Prepetition Term Loan Parties shall not be responsible for (i) the direct payment or reimbursement of any fees or disbursements of Case Professionals incurred in connection with the Chapter 11 Cases, any Successor Cases or otherwise, or (ii) the administration and maintenance of the Carve-Out Account or the disbursement of funds from the Carve-Out Account to pay Case Professionals.
This Agreement, the Plan, the Definitive Documents, or any annexes thereto may not be modified, amended, or supplemented, nor may any terms and conditions hereof or thereof be waived, without the prior written consent of the Debtors and each of the Consenting Term Loan Parties.