Classified Claims and Interests. Secured Claims Each Holder of an Allowed Secured Claim shall receive, at the Debtor’s option (with the consent of the Required Ad Hoc Senior Noteholder Parties and the Creditor’s Committee): (a) payment in full in cash; (b) the collateral securing its Allowed Secured Claim; (c) reinstatement of its Allowed Secured Claim; or (d) such other treatment rendering its Allowed Secured Claim unimpaired in accordance with section 1124 of the Bankruptcy Code. Unimpaired / Deemed to Accept
Classified Claims and Interests. 1 Other Secured Claims On or as soon as reasonably practicable after the Effective Date, each holder of an Allowed Other Secured Claim shall receive, in full and final satisfaction, compromise, settlement, release and discharge of such Claim, at the Debtors’ option (with the consent of the Required Consenting Creditors, not to be unreasonably withheld, conditioned or delayed): (a) payment in full in cash; (b) delivery of the collateral securing its Allowed Other Secured Claim and payment of any interest required under section 506(b) of the U.S. Bankruptcy Code; (c) Reinstatement of its Allowed Other Secured Claim; or (d) such other treatment rendering its Allowed Other Secured Claim Unimpaired in accordance with section 1124 of the U.S. Bankruptcy Code. Unimpaired / Presumed to Accept 2 Other Priority Claims On or as soon as reasonably practicable after the Effective Date, each holder of an Allowed Other Priority Claim shall receive, in full and final satisfaction, compromise, settlement, release and discharge of such Claim, at the Debtors’ option (with the consent of the Required Consenting Creditors, not to be unreasonably withheld, conditioned or delayed): (a) payment in full in cash; or (b) such other treatment rendering its Allowed Other Priority Claim Unimpaired in accordance with section 1124 of the U.S. Bankruptcy Code. Unimpaired / Presumed to Accept
Classified Claims and Interests. Revolving ABL Facility Claims2 Estimated Aggregate Allowed Amount: TBD Description: Revolving ABL Facility Claims shall consist of all outstanding obligations owed to the lenders under the Revolving ABL Facility.
Classified Claims and Interests. Class 1 – Priority Non-Tax Claims.
Classified Claims and Interests. Class 1 Other Secured Claims Each Holder of an Other Secured Claim shall receive treatment in a manner consistent with section 1129(a)(9) of the Bankruptcy Code. Unimpaired / Deemed to Accept Class 2 Other Priority Claims Each Holder of an Other Priority Claim shall receive treatment in a manner consistent with section 1129(a)(9) of the Bankruptcy Code. Unimpaired / Deemed to Accept
Classified Claims and Interests. Other Priority Claims On or as soon as practicable after the Effective Date, each holder of an other priority claim of Xxx. Xxxxxx shall receive cash equal to the full allowed amount of its claim or otherwise be left unimpaired, unless otherwise agreed to by such holder. Other Secured Claims To the extent that any other secured claims exist, on or as soon as practicable after the Effective Date, all such secured claims of Xxx. Xxxxxx allowed as of the Effective Date, if not paid previously, shall be satisfied, in the sole discretion of the Committee, by either (i) payment in full in cash, (ii) reinstatement pursuant to section 1124 of the Bankruptcy Code, or (iii) such other recovery necessary to satisfy section 1129 of the Bankruptcy Code. Note Claims (approximately $195.7 million in principal amount plus accrued interest as of the Effective Date) On or as soon as practicable after the Effective Date, holders of the Note Claims shall receive their pro-rata share of (i) the Noteholder Cash, (ii) the New Notes and (iii) 87.5 % of the New Common Equity, subject to dilution for the Management Incentive Plan and Warrants, if any, and subject to the Conversion Election, if applicable, each as discussed herein. The Plan will provide that the Note Claims will be allowed in an amount equal to the outstanding principal amount under the Indenture plus accrued and unpaid interest through the Effective Date. The New Notes, the New Common Equity and the Warrants shall qualify for the protections afforded by section 1145 of the Bankruptcy Code. General Unsecured Claims Ride-through and unimpaired. Intercompany Claims On or as soon as practicable after the Effective Date, all intercompany claims will be adjusted, continued, or discharged to the extent determined appropriate by Xxx. Xxxxxx, after consultation with and approval by the Committee, with such approval not to be unreasonably withheld. Any such transaction may be effected on or subsequent to the Effective Date without any further action by the stockholders of Reorganized Xxx. Xxxxxx.
Classified Claims and Interests. Summary of Classification and Treatment of Classified Claims and Interests.
Classified Claims and Interests. Class 1 –
Classified Claims and Interests. First Lien Noteholder Claims Estimated Allowed Amount: $234,297,907.80 plus all pre-petition and post-petition accrued and unpaid interest at the applicable default rate and fees and costs through the Effective Date.
Classified Claims and Interests. FILO Notes Claims Treatment. On the Effective Date, in full and final satisfaction, compromise, settlement, release, and discharge of and in exchange for each FILO Notes Claim, each FILO Notes Claim shall, as determined by the Debtors, subject to the reasonable consent of the Requisite Consenting Creditors, (a) be paid in full in cash from the proceeds of the Exit Debt Facility, (b) be reinstated, or (c) receive a treatment consistent with section 1129(b) of the Bankruptcy Code. Voting Status. To be determined.
