Common use of Notification of EPM Entitlements Clause in Contracts

Notification of EPM Entitlements. (a) The Deed Administrators will notify on or by the date falling, (x) with respect to Reporting Financiers, eight (8) Business Days prior to the Restructuring Effective Date and (y) with respect to each other Group Creditor, four (4) Business Days prior to the Restructuring Effective Date: (i) each Admitted Group Creditor that has requested such information from the Deed Administrators in writing by the Record Date and the Holdco Agents of the EPM Entitlement that such Admitted Group Creditor is entitled to receive on the Restructuring Effective Date (provided that such Admitted Group Creditor complies with the Initial Distribution Requirements), and shall confirm whether such Admitted Group Creditors have satisfied the Initial Distribution Requirements; and (ii) each Holdback Creditor that has requested such information from the Deed Administrators in writing by the Record Date and the Holdco Agents of the EPM Entitlement that such Holdback Creditor would be entitled to receive on the Restructuring Effective Date assuming it was not a Holdback Creditor and had complied with the Initial Distribution Requirements (the “EPM Entitlements Notification”). (b) Without prejudice to Clause 9.6 (Distribution of Litigation Entitlements) Litigation Entitlements shall be allocated to Admitted Group Creditors in accordance with Clause 11 (Litigation Undertaking) and Clause 12 (Post- Restructuring Litigation Recoveries). (c) Without prejudice to Clause 9.7 (Postponement of Holdback Claims), when calculating the DOCA Creditor Entitlements of each Group Creditor and making the EPM Entitlements Notification the Deed Administrators will provisionally assume that each Holdback Creditor’s Holdback Claim will be admitted to proof in full as an Unsecured Debt pursuant to the Claims Determination Process.

Appears in 20 contracts

Samples: Deed of Company Arrangement, Deed of Company Arrangement, Deed of Company Arrangement

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Notification of EPM Entitlements. (a) The Deed Administrators will notify on or by the date falling, (x) with respect to Reporting Financiers, eight (8) Business Days prior to the Restructuring Effective Date and (y) with respect to each other Group Creditor, four (4) Business Days prior to the Restructuring Effective Date: (i) each Admitted Group Creditor that has requested such information from the Deed Administrators in writing by the Record Date and the Holdco Agents of the EPM Entitlement that such Admitted Group Creditor is entitled to receive on the Restructuring Effective Date (provided that such Admitted Group Creditor complies with the Initial Distribution Requirements), and shall confirm whether such Admitted Group Creditors have satisfied the Initial Distribution Requirements; and (ii) each Holdback Creditor that has requested such information from the Deed Administrators in writing by the Record Date and the Holdco Agents of the EPM Entitlement that such Holdback Creditor would be entitled to receive on the Restructuring Effective Date assuming it was not a Holdback Creditor and had complied with the Initial Distribution Requirements (the “EPM Entitlements Notification”). (b) Without prejudice to Clause 9.6 (Distribution of Litigation Entitlements) Litigation Entitlements shall be allocated to Admitted Group Creditors in accordance with Clause 11 (Litigation Undertaking) and Clause 12 (Post- Post-Restructuring Litigation Recoveries). (c) Without prejudice to Clause 9.7 (Postponement of Holdback Claims), when calculating the DOCA Creditor Entitlements of each Group Creditor and making the EPM Entitlements Notification the Deed Administrators will provisionally assume that each Holdback Creditor’s Holdback Claim will be admitted to proof in full as an Unsecured Debt pursuant to the Claims Determination Process.

Appears in 1 contract

Samples: Deed of Company Arrangement

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