Contract analysis

ARTICLE I — DEFINITIONS AND INTERPRETATION

Section 1.01 — Defined Terms As used in this Agreement, the following terms shall have the meanings set forth below: "ABL Roll-Up Amount" means Twenty Million Dollars ($20,000,000) of Pre-Petition ABL Obligations that, upon entry of the Interim Order, are deemed rolled up into and constitute DIP Obligations under this Agreement, as more fully described in Section 2.12. "Adequate Protection" means the adequate protect

Section 1.02 — Interpretation and Rules of Construction Unless the context of this Agreement otherwise requires: (a) words importing any gender include all genders; (b) words importing the singular number include the plural number and vice versa; (c) references to the Bankruptcy Code, the Uniform Commercial Code, or any other statute shall be deemed to include all amendments thereto and successor provisions and all r

Section 1.03 — SOFR Benchmark Provisions (a) Benchmark Replacement. Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred with respect to Term SOFR, then the applicable Benchmark Replacement shall replace the then-current Benchmark for all purposes hereunder and under any Loan Document in respect of any s

ARTICLE II — THE CREDIT FACILITY

Section 2.01 — Commitments; Revolving Loans (a) Subject to the terms and conditions of this Agreement and the Orders, each Lender severally (and not jointly) agrees to make revolving loans (each, a "Loan" and collectively, the "Loans") to the Borrower from time to time during the Availability Period in an aggregate principal amount at any time outstanding not to exceed such Lender's Commitment: (b) Interim Availabili

Section 2.02 — Borrowing Procedures (a) Whenever the Borrower desires to borrow Loans hereunder, it shall deliver a Borrowing Request to the Administrative Agent (with a copy to each Lender) not later than 1:00 p.m. (Eastern Time) at least two (2) Business Days prior to the requested borrowing date; provided that the Borrowing Request for the initial draw on the Closing Date shall be delivered not later than 1:00 p.m

Section 2.03 — Notes (a) At the request of any Lender, the Borrower shall execute and deliver to such Lender a DIP Promissory Note (each, a "Note") payable to the order of such Lender in the principal amount of such Lender's Commitment, substantially in the form of Exhibit B attached hereto. Each Note shall (i) be dated the Closing Date, (ii) bear interest as provided in Section 2.04, and (iii) be payable as provided

Section 2.04 — Interest (a) Applicable Rate. Subject to subsection (b) below, all outstanding Loans shall bear interest at a rate per annum equal to the Adjusted Term SOFR for the applicable Interest Period plus the Applicable Margin of eight hundred fifty (850) basis points (8.50%). The SOFR component of the Applicable Rate shall in no event be less than the SOFR Floor of four percent (4.00%) per annum, resulting in