Extract to table

In the event of any inconsistency between the summary set forth herein and the DIP Credit Agreement, the terms of the DIP Credit Agreement shall control

DIP Credit Agreement Date: The DIP Credit Agreement shall become effective on June 24, 2022, upon entry of the Interim DIP Order and satisfaction of all conditions precedent to effectiveness

Any variance in excess of ±15% shall constitute an Event of Default under the DIP Credit Agreement unless waived by the Required Lenders (as defined in the DIP Credit Agreement)

Conditions Precedent to Each Borrowing: Each borrowing under the DIP Facility shall be subject to the satisfaction of the following conditions: (a) no Event of Default shall have occurred and be continuing or would result from such borrowing; (b) the Debtors shall be in compliance with the DIP Budget within the permitted variances; (c) the representations and warranties made by the Debtors in the DIP Credit Agreement shall be true and correct in all material respects as of the date of such borrowing; and (d) the DIP Agent shall have received a borrowing notice at least two (2) business days prior to the requested date of borrowing

The DIP Liens shall be subject only to (i) the carve-out described in Section IV

Specifically, pursuant to Section 364(d)(1) of the Bankruptcy Code, the DIP Liens shall constitute priming liens that are senior in priority to the existing first lien liens securing the obligations under the First Lien Credit Agreement