The US Bankruptcy Court gave an order to Musclepharm Corporation to obtain DIP financing on a final basis on March 8, 2023. As per the order, the debtor has been authorized to obtain a revolving credit facility in the amount of $12.84 million from White Winston Select Asset Funds, LLC with Empery Tax Efficient, L.P. acting as the DIP agent. The DIP loan would either carry an interest rate of 9.75% p.a. The DIP facility would mature either on December 31, 2023 or on the effective date of the plan or on the date of consummation of the sale of substantially all assets or the date all DIP Notes become due and payable, whichever is earlier.

Adequate protection would be provided to the DIP lenders in the form of super-priority administrative expense claims which is subject to a carve-out of $0.25 million towards unpaid professional fees / administrative expenses and first priority lien upon and security interest in the debtor's collateral. The proceeds of DIP financing would be used to pay fees, interest, payments, expensed associated to DIP financing and to fund the debtor's operations during the Chapter 11 case. The US Bankruptcy Court gave an order to Musclepharm Corporation to obtain DIP financing on an interim basis on January 9, 2023.