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SEC Filings

10-K
DITECH HOLDING CORP filed this Form 10-K on 04/16/2019
Entire Document
 

14.    Loss or Suspension of Servicer or Issuer Status. Any Agency (a) removes or suspends any DIP Seller’s status as an approved servicer or issuer, (b) terminates of any of the GA Selling and Servicing Agreements, or (c) engages in any setoff against any Collateral;
15.    Order Granting Relief of Automatic Stay to Third Party. The entry of an order of the Bankruptcy Court granting any Person other than the Secured Parties (in their capacities as such) relief from the automatic stay in any of the Cases in a manner that is materially adverse to the rights, claims or interests of any of the Secured Parties;
16.    Order Granting Lien or Claim to Third Party. The entry of an order of the Bankruptcy Court granting any Person other than the Secured Parties (in their capacities as such) a Lien or claim in or against (a) any of the Collateral, or (b) any other material assets of Guarantor, a DIP Seller, any other Debtor, any Depositor or any SAF SPV (other than, solely with respect to assets that do not, and are not required to, constitute Collateral, (i) Liens existing as of the Petition Date granted to the Prepetition 1L Agent and the Prepetition 2L Trustee pursuant to the Prepetition 1L/2L Documents on assets of the Debtors, (ii) adequate protection Liens granted to the Prepetition 1L Agent and the Prepetition 2L Trustee in accordance with the DIP Orders on assets of the Debtors, (iii) Liens permitted under the Prepetition 1L Credit Agreement (as amended and in effect on the date of the Commitment Letter) and DIP Warehouse Facility Agreements; provided that it shall constitute an Event of Default if any of the DIP Sellers, Guarantor, any other Debtor, any SAF SPV or any Depositor shall grant any Lien to secure any indebtedness or obligations referred to in clause (17) below or (iv) as otherwise provided in the DIP Orders);
17.    Additional Indebtedness. Guarantor, a DIP Seller, any other Debtor, a SAF SPV or a Depositor (a) issues or incurs, or files a motion to issue or incur, any additional secured or unsecured term loan debt, debt bonds, or other debt for borrowed money, or (b) enters into, or files a motion to approve, any other debt arrangements similar to a DIP Warehouse Facility Agreement;
18.    Other Hedges. Without the prior written consent of Administrative Agent (at the direction of Required Buyers): (a) Guarantor, a DIP Seller, any other Debtor, a SAF SPV or a Depositor enters into any Hedging Transactions, other than transactions with Ditech pursuant to hedging agreements identified in writing by the DIP Sellers to the Buyers on February 7, 2019 (the “Original Hedges”) or (b) any guaranties are provided in connection with any of the Original Hedges or any other Hedging Transaction;
19.    Chapter 11 Plan Filing. The filing of any chapter 11 plan of reorganization (or a disclosure statement describing a chapter 11 plan of reorganization) in any of the Cases or any motion to approve the Sale Agreement, any plan support agreement or any other asset purchase agreement or similar agreement, in any such case, that does not provide that all obligations of the Guarantor, the DIP Sellers, the SAF SPVs, and the Depositors with respect to the DIP Warehouse Facility Agreements, the DIP Guaranty and this Master Refinancing Agreement shall be paid in full in cash as per the terms of such agreements (other than with respect to any other asset purchase agreement or similar agreement relating to a sale or disposition on terms and conditions consented to by the Buyers, subject to any applicable prepayment requirements set forth herein or in any other DIP Warehouse Facility Agreement);

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2014058.10-NYCSR07A - MSW