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ARTICLE · 04 NOVEMBER 2016

Debtor In Possession In Financing (DIP) In Canada

Mercantile Mergers & Acquisitions Corporation
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Debtor in Possession (DIP) financing describes the funding obtained by an insolvent debtor while that debtor is restructuring its business.

CanadaInsolvency/Bankruptcy/Re-Structuring

Debtor in Possession (DIP) financing describes the funding obtained by an insolvent debtor while that debtor is restructuring its business. The term DIP financing originated from the American practice in Chapter 11 proceedings under the U.S. Bankruptcy Code.

During a Chapter 11 proceeding, the debtor is referred to as a debtor in possession or DIP, since the debtor is continuing "in possession" of the business while the business is being restructured. During this time, a DIP is empowered to continue to operate the business and may use, sell, or lease property to the extent that doing so is in the ordinary course of the debtor's business.

DIP financing may be used to pay professionals (the debtor's legal and financial advisors, the Monitor and its legal advisors and sometimes stakeholder's legal and financial advisors), to provide operating financing to permit the continuation of the debtor's business during the restructuring process, sometimes to finance necessary

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