Common use of Distributions to Capital Markets Trustees Clause in Contracts

Distributions to Capital Markets Trustees. (a) Notwithstanding the provisions of Clauses 9.1 (Distribution Requirements for EPM Entitlements to Admitted Group Creditors as at the Initial Distribution Time), 9.2 (Subsequent Distribution Requirements for EPM Entitlements to Admitted Group Creditors following the Initial Distribution Time) and Clause 12 (Post-Restructuring Litigation Recoveries) a Capital Markets Creditor may only receive a distribution of DOCA Creditor Entitlements under this Deed in accordance with this Clause 9.3. (b) A Capital Markets Trustee shall be entitled to receive a distribution of DOCA Creditor Entitlements: (i) on the Restructuring Effective Date, if they comply with Clause 9.1 (Distribution Requirements for EPM Entitlements to Admitted Group Creditors as at the Initial Distribution Time); and (ii) on a Subsequent Distribution Date, if they comply with Clause 9.2 (Subsequent Distribution Requirements for EPM Entitlements to Admitted Group Creditors following the Initial Distribution Time). (c) A Capital Markets Trustee may elect in their Admitted Group Creditor Letter to receive a distribution of DOCA Creditor Entitlements that is calculated using either: (i) the entire amount of the relevant Capital Markets Claim, subject to any adjustments made in accordance with Clause 9.3(d) below (“Total Distribution”); or (ii) the amount of the relevant Capital Markets Claim that reflects the expenses due to that Capital Markets Trustee prior to the Appointment Date (“Partial Distribution”). (d) If the Capital Markets Trustee elects to receive a Total Distribution on a Subsequent Distribution Date, its DOCA Creditor Entitlements will be reduced by the amount of Holdco Facilities Commitments that were distributed to Certificate Holders on prior Distribution Dates in accordance with Clause 9.4 (Distributions to Certificate Holders) below.