Common use of 144A Exchangeable Notes Claims   · Treatment Clause in Contracts

144A Exchangeable Notes Claims   · Treatment. On the Effective Date, the Allowed 144A Exchangeable Note Claims (i) shall be cured and reinstated in accordance with section 1124 of the Bankruptcy Code or at the option of such holders, shall be satisfied in cash at par plus accrued interest at the stated non-default contract rate and shall be deemed to have waived any other claims, or (ii) shall receive such other treatment as is permissible under section 1129 of the Bankruptcy Code. In addition, the Plan Debtors shall pay in cash any outstanding reasonable agent or trustee fees and expenses provided for under the applicable indenture. For the avoidance of doubt, in the event the Plan Debtors determine to provide the treatment option pursuant to subsection (ii) above subsequent to a holder of an Allowed 144A Exchangeable Notes Claim electing to receive cash at par plus accrued interest, such election shall not be binding on such holder.

Appears in 4 contracts

Samples: Non Control Agreement (Pershing Square Capital Management, L.P.), Cornerstone Investment Agreement (General Growth Properties Inc), Stock Purchase Agreement (General Growth Properties Inc)

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