medium · Private Equity & LBOs

A company in financial distress is securing a $100M Debtor-in-Possession (DIP) loan. The existing capital structure includes $300M in First-Lien Term Loans.

If the DIP loan is approved with 'Priming' status under Section 364 of the Bankruptcy Code, where does it sit in the priority waterfall?

  1. Junior to the First-Lien Term Loans, senior to unsecured claims.
  2. Pari-passu in priority with the existing First-Lien Term Loans.
  3. Senior only to the equity holders and the subordinated mezzanine debt tranche.
  4. Senior to all pre-petition debt, including the First-Lien Term Loans.

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