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Post-Petition Financing Agreement

ABOUT THIS DOCUMENT

This Post-Petition Financing Agreement allows a lender to securely provide financing to a debtor after the debtor has filed for bankruptcy protection. This agreement will prevent the complete shutdown of business activities, and allows the debtor and collectors to avoid unnecessary losses. It contains numerous standard provisions that are commonly included in these types of agreements and may be customized to address the specific needs of the parties. This document should be used by debtors who have filed bankruptcy under chapter 11 and a lender of a pre-filing loan.

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This Post-Petition Financing Agreement allows a lender to securely provide financing to

a debtor after the debtor has filed for bankruptcy protection. This agreement will

prevent the complete shutdown of business activities, and allows the debtor and

collectors to avoid unnecessary losses. It contains numerous standard provisions that

are commonly included in these types of agreements and may be customized to

address the specific needs of the parties. This document should be used by debtors

who have filed bankruptcy under chapter 11 and a lender of a pre-filing loan.

Post-Petition Financing Agreement







This Agreement is entered into as of the ___ day of ____________, 20___ [Instruction: insert

date], by the debtor in possession under chapter 11 of the United States Bankruptcy Code

_________________ (“Debtor”) [Instruction: insert name of debtor], and

_________________ (“Lender”) [Instruction: insert name of lender]:



Whereas, Debtor has filed a voluntary petition under chapter 11 of the United States Bankruptcy

Code in the Bankruptcy Court for the _________________ [Instruction: insert the name of the

district where the bankruptcy is filed] ("the Bankruptcy Court"); and



Whereas, prior to the filing of the chapter 11 case the Lender had made loans to and issued

letters of credit for the account of Debtor (the "Pre-filing Loans") pursuant to an Agreement,

dated _________________ [Instruction: insert date of agreement] ("Pre-filing Agreement");

and



Whereas, loans made by way of the Pre-filing Agreement and other obligations of Debtor are

secured by ________________ [Instruction: insert encumbrances and the property that is

encumbered] heretofore executed and delivered by Debtor in favor of the Lender (the

"Collateral"); and



Whereas, the Bankruptcy Court has entered a secured financing order on an interim basis

("Order");



and Whereas the Bank has agreed to finance on an interim basis the immediate and necessary to

Debtor by making loans, pursuant to the terms of this Agreement.



NOW, THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS:



1. Loan. Bank agrees to lend to Debtor, subject to the completion of the Financing Agreement of

the Debtor in Possession, the amounts set forth under this Agreement.



2. Procedures. Debtor may borrow money under this agreement by contacting and informing the

Bank to credit the account with number ________________ [Instruction: insert account

number] established at Lender. Each such instruction shall be by ________________

[Instruction: insert method of contact], shall be confirmed in writing, and shall in each case

contain the following information:





A. the amount that is to be borrowed;

B. the purpose of the loan; and





C. a declaration that the request complies with this Agreement; and





D. ________________ [Instruction: insert any additional requirements]





3. Lock-Box.



A. On or before ________________ [Instruction: date], Debtor shall notify each

________________ [Instruction: insert the names of all the relevant parties] as

to which there are amounts due or to become due in the future on account of

________________ ("Receivable Accounts") [Instruction: insert description of

receivable accounts] that all payments shall be sent to a post office box established

by and under the control of Lender ("Lock-Box"). New account debtors shall be

notified of the Lock-Box. All Receivable Accounts shall be paid into the Lock-Box.





B. Debtor shall deposit all proceeds of Receivable Accounts in the Lock-Box. Except

as specified in this section 3. The funds collected in the Lock-Box shall go toward

the repayment of the principal of the Pre-filing Loans.





C. As of the date of this chapter 11 petition, Debtor has ____________ [Instruction:

insert the cash balance] ("Starting Funds"). Debtor acknowledges that on the date

of filing the Starting Funds in such accounts constitutes cash collateral in favor of

the Lender. Lender shall apply ____________ [Instruction: insert amount that is

selected for repayment of any interest in the Pre-filing Agreement] out of such

accounts to repayment of interest owing on its Pre-filing Agreement. The Starting

Funds shall remain as cash collateral of the Lender in such accounts, subject to

withdrawal by Debtor upon the Lender's approval thereof. To the extent the Lender

receives in the Loan Reduction Account amounts relating to payments (other than

those arising out of joint interest billing Receivable Accounts and notes receivable)

in excess of ____________ [Instruction: insert the limit on borrowing], the

Lender shall permit payments received after such amount has been received (other

than those arising out of joint interest billing Receivable Accounts and notes

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