Dip Loan Agreement

As soon as a company goes bankrupt in accordance with Chapter 11 and finds a willing lender, it must obtain the authorization of the insolvency court. Granting a loan in the event of insolvency provides a lender with the comfort they desperately need to finance a business in financial difficulty. In the event of a liquidation of the business, an approved budget, a market rate or premium interest rate and any additional comfort measures that the court or lender considers a loan, the priority of the assets is a top priority. Current lenders generally have to accept the terms, especially when they take a back seat to a right to pledge assets. Financing for PIDs is often provided through fixed-term loans. These loans are fully financed throughout the insolvency proceedings, resulting in higher interest costs for the borrower. Previously, revolving credit facilities were the most widely used method to allow a borrower to benefit from the loan and repay it if necessary; like a credit card. This allows for greater flexibility and, therefore, the possibility of keeping interest costs low, given that a borrower can actively manage the amount of the loan borrowed. Since Chapter 11 proposes the reorganization of the enterprise at liquidation, the filing of protection can offer an important vital artery to companies in difficulty that need financing.

With regard to the financing of self-management (DIP), the Tribunal must approve the financing plan compatible with the protection granted to the company. The lender`s control of the loan is also subject to the approval and protection of the Tribunal. If the financing is approved, the entity has the liquidity it needs to stop operations. The approved budget is an important aspect of PID funding. The “DIP budget” may contain a forecast of the company`s revenues, expenses, net cash flows and cash outflows for rolling periods. It must also take into account the timing of payments to suppliers, business fees, seasonal variations in revenues and all capital expenditures. Once the DIP budget is adopted, both parties will agree on the size and structure of the credit facility or loan. This is only part of the negotiations and legwork required to secure the funding of the DIP. PID financing can be used to keep a business in operation until it can be sold as needing to be maintained[4], if this is likely to allow creditors to enjoy a higher return than closing the business and liquidating assets. There can also be a new start for a company in difficulty, but under strict conditions. In this case, “self-management financing” covers debts incurred upon bankruptcy and “exit financing” is debt incurred upon reorganization under insolvency law.

[5] Self-financing (DIP) is a particular mode of financing for bankrupt companies. Only companies that have applied for chapter 11 insolvency protection can access PID financing, which is usually done at the beginning of a notification. DIP financing is used to facilitate the reorganization of a self-managing debtor (the status of a company that has declared bankruptcy) by allowing it to raise capital to finance its operations, while its insolvency proceedings have run its course. . . .