Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / dip-term-sheet-annotated.docx
dip-term-sheet-annotated.docx
Parties
Harkness LLP
Logistics SA
Thalassa Americas Inc
Triton Credit Partners LP
Borrower Thalassa Americas Inc
Capitol Registered Agents LLC
Burgess LLP
Continental Maritime Lending GmbH
Dates
December 15, 2022
December 18, 2022
June 15, 2019
September 15, 2022
January 10, 2023
June 15, 2024
March 1, 2017
September 30, 2022
November 1, 2022
October 10, 2022
Amounts
$685
$137
$45
$45,000,000
$372
$68
$205
$75,000,000
$75
$18.5
Obligations
This dual role — serving as agent under both the prepetition facility and the DIP facility — is standard in DIP financing structures but must be disclosed in the DIP Motion filed with the Bankruptcy Court and addressed in terms of potential conflicts of interest
2 Aggregate Commitment The aggregate commitment under the DIP facility shall be $75,000,000 (Seventy-Five Million Dollars)
> *[C&H COMMENT: The adequacy of the $75 million aggregate commitment must be validated against the 13-week cash flow model prepared by Kensington Veltrian Partners LLC ("KHP"; James Calloway, Managing Director, as lead advisor)
3 Interim Borrowing Limit Upon entry of the Interim DIP Order by the Bankruptcy Court, the Borrower shall be authorized to borrow up to $30,000,000 (Thirty Million Dollars) under the DIP facility (the "Interim Borrowing Limit")
The remaining $45,000,000 (Forty-Five Million Dollars) shall become available for borrowing upon entry of the Final DIP Order by the Bankruptcy Court
Our proposed structure: two (2) successive ninety (90)-day extension periods, exercisable at the Borrower's option upon written notice to the DIP Agent delivered not less than thirty (30) days prior to the then-applicable maturity date, subject to the following conditions at the time of each extension: (i) no Event of Default shall have occurred and be continuing; (ii) the Borrower shall have delivered an updated 13-week cash flow forecast demonstrating adequate liquidity through the extended maturity date; and (iii) the Borrower shall be in material compliance with the milestones (as may have been extended)