The Lender has stated that it may, amongst other matters, seek to enforce the security it has over
the assets of the Borrower (and others, including iM3NY and C4V) if a resolution acceptable to the
Lender (and ACP) has not been reached by 5pm (New York time) on 14 November 2023.
While the Borrower has challenged the Default Notice on various grounds, the Borrower is attempting to
resolve the matter with the Lender, including by seeking to procure alternative financing to refinance
the Credit Facility***2
.
***2 Please note that there can be no certainty that a resolution acceptable to the Lender will be reached and/or
that the Borrower will be able to obtain alternative financing on terms acceptable to the Borrower (or at all).
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