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1. Parties: Identifies the DIP lender(s), the debtor-in-possession, and any guarantors
2. Background: Details of the bankruptcy proceedings, court orders authorizing the DIP facility, and purpose of the loan
3. Definitions: Comprehensive definitions including bankruptcy-specific terms and financial metrics
4. Facility Amount and Purpose: Details of the loan amount, availability periods, and permitted uses of proceeds
5. Interest and Fees: Interest rates, calculation methods, default interest, and all applicable fees
6. Repayment Terms: Payment schedule, prepayment provisions, and mandatory prepayment events
7. Priority and Security: Super-priority status, security package, and rankings
8. Conditions Precedent: Requirements for initial and subsequent drawdowns, including court approvals
9. Representations and Warranties: Standard and bankruptcy-specific representations
10. Covenants: Financial and operational covenants, including bankruptcy case milestones
11. Events of Default: Default triggers including bankruptcy-specific events
12. Remedies: Lender's rights upon default, subject to bankruptcy court approval
13. Miscellaneous: Standard boilerplate provisions including governing law and jurisdiction
1. Carve-out Provisions: Used when specific claims or expenses are carved out from the DIP lender's priority
2. Roll-up Provisions: Include when pre-petition debt is being rolled into the DIP facility
3. Exit Financing: Terms for converting DIP loan to exit financing upon emergence from bankruptcy
4. Interim Facility: When the facility is split between interim and final availability periods
5. Inter-creditor Provisions: Required when multiple classes of DIP lenders or existing creditors need to establish priorities
6. Asset Sale Provisions: Detailed provisions for handling proceeds from asset sales during bankruptcy
7. Adequate Protection: Specific provisions for adequate protection of pre-petition secured creditors
1. Budget: Detailed operating budget and cash flow projections
2. Milestone Schedule: Key dates and requirements for bankruptcy case progression
3. Existing Liens: Schedule of pre-petition liens and encumbrances
4. Permitted Liens: List of liens permitted to exist or be created post-petition
5. Required Consents: List of required third-party and governmental consents
6. Court Orders: Copies of relevant bankruptcy court orders
7. Security Documents: Forms of security documents and perfection requirements
8. Draw Request Form: Form for requesting loan advances
9. Compliance Certificate: Form for periodic compliance reporting
Advance
Approved Budget
Availability Period
Bankruptcy Case
Bankruptcy Court
Bankruptcy Law
Borrower
Business Day
Carve-Out
Collateral
Commitment
Compliance Certificate
Default
Default Interest
Default Rate
DIP Facility
DIP Lender
DIP Orders
Drawdown Date
Event of Default
Facility Agent
Final Order
Financial Indebtedness
Financial Statements
Guarantor
Interest Payment Date
Interest Period
Interest Rate
Interim Order
Lender
LIBOR
Loan
Margin
Material Adverse Effect
Maturity Date
Milestone
Obligor
Permitted Liens
Petition Date
Post-Petition
Pre-Petition
Priority
Prohibited Person
Restructuring Plan
Security
Security Agent
Security Documents
Super-Priority
UAE
Utilization
Utilization Date
Utilization Request
Variance Report
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Priority and Security
Super-Priority Claims
Representations and Warranties
Information Covenants
Financial Covenants
General Covenants
Budget Compliance
Milestone Requirements
Events of Default
Acceleration
Assignment and Transfer
Payment Mechanics
Set-off
Notices
Calculations
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Process Agent
Jurisdiction
Bankruptcy Court Jurisdiction
Indemnification
Costs and Expenses
Tax Gross-up
Adequate Protection
Carve-out Provisions
Use of Proceeds
Reporting Requirements
Insurance
Security Enforcement
Banking and Financial Services
Real Estate
Manufacturing
Retail
Healthcare
Construction
Hospitality
Energy
Technology
Transportation and Logistics
Mining and Resources
Telecommunications
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Finance
Restructuring
Banking
Investment
Operations
Risk Management
Portfolio Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Bankruptcy Administrator
Restructuring Officer
Credit Risk Manager
Compliance Officer
Corporate Finance Manager
Investment Manager
Relationship Manager
Transaction Manager
Security Trustee
Portfolio Manager
Risk Officer
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