Plan Term Sheet. INTRODUCTION
Plan Term Sheet. The Plan Term Sheet is incorporated herein by reference and is made part of this Agreement. Each of the Debtors and the Consenting Noteholders has reviewed, or has had the opportunity to review, the Plan Term Sheet and, by signing below, agrees and acknowledges that it is acceptable to and is approved by such Debtor or Consenting Noteholder. Capitalized terms used herein without definition shall have the meanings ascribed to any such terms in the Plan Term Sheet, and capitalized terms used in the Plan Term Sheet without definition shall have the meanings ascribed to any such terms in this Agreement. The general terms and conditions of the Restructuring are set forth in the Plan Term Sheet; provided, however, that the Plan Term Sheet is supplemented by the terms and conditions of this Agreement. In the event of any inconsistencies between the terms of this Agreement and the Plan Term Sheet, the Plan Term Sheet shall govern.
Plan Term Sheet. The Plan Term Sheet is incorporated herein by reference and is made part of this Agreement. Capitalized terms used herein without definition shall have the meanings ascribed to any such terms in the Plan Term Sheet. The general terms and conditions of the Restructuring are set forth in the Plan Term Sheet; provided, however, that the Plan Term Sheet is supplemented by the terms and conditions of this Agreement. In the event the terms and conditions as set forth in the Plan Term Sheet and this Agreement are inconsistent, the terms and conditions as set forth in the Plan Term Sheet shall govern.
Plan Term Sheet. The Plan Term Sheet is expressly incorporated herein by reference and made part of this Agreement as if fully set forth herein. The Plan Term Sheet sets forth the material terms and conditions of the Transaction; provided, however, the Plan Term Sheet is supplemented by the other terms and conditions of this Agreement. In the event of any conflict or inconsistency between the Plan Term Sheet and any other provision of this Agreement, the Plan Term Sheet will govern and control to the extent of such conflict or inconsistency.
Plan Term Sheet. This restructuring term sheet (the “Restructuring Term Sheet”) is part of, and will be attached to, the Restructuring Support Agreement (the “RSA”) and describes the terms of the proposed restructuring (the “Restructuring”). The Debtors will implement the Restructuring through a plan of reorganization under chapter 11 of the Bankruptcy Code, which shall be consistent with the terms of this Restructuring Term Sheet and the RSA (as it may be amended or supplemented from time to time in accordance with the terms of the RSA, the “ Plan”). This Restructuring Term Sheet incorporates the rules of construction set forth in section 102 of the Ba nkruptcy Code. All capitalized terms not defined herein shall have the meanings ascribed to them in the RSA. This Restructuring Term Sheet does not include a description of all of the terms, conditions, and other provisions that are t o be contained in the Plan and the related definitive documentation governing the Restructuring, which shall be consistent with the terms and c onditions hereof and otherwise in form and substance acceptable to the Debtors and the Consenting Creditors. Company 24 Hour Holdings I Corp. (“Non-Debtor Topco”), 24 Hour Holdings II LLC (“Parent”), 24 Hour Fitness Worldwide, Inc., 00 Xxxx Xxxxxxx Xxxxxx Xxxxxx, Inc., 24 Hour Fitness USA, Inc., 24 Hour Fitness Holdings LLC, RS FIT Holdings LLC, 24 San Francisco LLC, 24 New York LLC, 24 Denver LLC, RS FIT CA LLC, and RS FIT NW LLC, as debtors and debtors -in-possession (collectively, but excluding Non-Debtor Topco and Parent, the “Parent Subsidiaries” and, the Parent Subsidiaries together with Parent, the “Debtors” and, after the Effective Date, the Debtors, together with any top-level holding entity directly or indirectly holding the assets or equity interests of the Debtors (the “Reorganized Parent”), the “Reorganized Company”). Consenting Creditors The certain ad hoc group of holders (the “Ad Hoc Group”) of (i) the majority of the DIP Loans, (ii) the majority of the Secured Loan Claims (as defined below), and (iii) a majority of Senior Notes Claims (as defined below), in each case who execute the RSA. DIP Loans The obligations of the Debtors for a $500,000,000 term loan facility (the “DIP Loans”) under that certain Superpriority Senior Secured Debtor-in-Possession Credit Agreement, effective as of June 17, 2020 (the “DIP Facility”), among the Debtors and the lenders party thereto (the “DIP Lenders”).
Plan Term Sheet. This term sheet (this “Plan Term Sheet”) sets forth certain material terms of a proposed restructuring of National CineMedia, LLC (“NCM” or the “Debtor”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the restructuring support agreement to which this Plan Term Sheet is attached (together with all exhibits and supplements attached thereto, including this Plan Term Sheet, the “Restructuring Support Agreement”). This Plan Term Sheet does not include a description of all the terms, conditions, and other provisions that are to be contained in the definitive documentation governing the Restructuring Transactions, which remain subject to negotiation and completion in accordance with the Restructuring Support Agreement and applicable bankruptcy law. The documents executed to effectuate the Restructuring Transactions will not contain any material terms or conditions that are inconsistent in any material respect with this Plan Term Sheet or the Restructuring Support Agreement.
Plan Term Sheet. This Plan Term Sheet, which is Exhibit C to the Settlement and Plan Support Agreement dated October 18, 2024 (the “PSA”), by and among the Debtor, Carrier, the Committee, and the MDL PEC (each, a “Settling Party” and, collectively, the “Settling Parties”), describes certain proposed terms of the Debtor’s Plan, which shall be consistent with the terms of this Plan Term Sheet, the PSA, and the exhibits and schedules annexed hereto and thereto and shall implement, among other things, the Estate Claims Settlement. This Plan Term Sheet incorporates the rules of construction set forth in section 102 of the Bankruptcy Code. Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Exhibit A, Glossary of Defined Terms.
Plan Term Sheet. August 6, 2009
Plan Term Sheet. This term sheet (“Term Sheet”) describes the principal terms of a chapter 11 plan (“Plan”) for the estate of Nuo Therapeutics, Inc. (“Debtor”) to be proposed by the Debtor with the support of Deerfield Mgmt, L.P., as DIP Agent, and the lenders, Deerfield Private Design Fund II, L.P., Deerfield Private Design International II, L.P. and Deerfield Special Situations Fund, L.P. (collectively referred to along with the DIP Agent as the “Lenders”), the Official Committee of Unsecured Creditors (“UCC”) and the Ad Hoc Committee of Equity Holders (the “Ad Hoc Committee”). The terms and conditions set forth in this Term Sheet are meant to be part of a comprehensive compromise, each element of which is consideration for the other elements and an integral aspect of the proposed Plan.
Plan Term Sheet. This Plan Term Sheet (together with the exhibits and schedules attached hereto, as each may be amended, restated, supplemented, or otherwise modified from time to time, the “Term Sheet”) describes a proposed chapter 11 plan of reorganization(“Plan”) for Scottish Holdings, Inc. (“SHI”) and Scottish Annuity & Life Insurance Company (Cayman) Ltd. (“SALIC”), and together with SHI, the “Debtors”). This term sheet should be read in conjunction with the proposed bid submitted by Hildene Re Holdings, LLC, a Delaware Limited Liability Company (the “Purchaser”), which contains that certain stock purchase agreement (together with all exhibits, schedules, and other ancillary documents, as each may be amended, restated, supplemented, or otherwise modified from time to time, in accordance with the terms thereof, the “Stock Purchase Agreement”), to which this term sheet is an exhibit. This term sheet uses the proposed chapter 11 plan found at docket number 213 (“Filed Plan”) as a basis to describe the transactions proposed in this Term Sheet and such Filed Plan will have to be modified to reflect the terms of this Term Sheet or as otherwise agreed to between the Parties. Capitalized terms used herein but not defined are ascribed the meanings set forth in the Filed Plan. THIS TERM SHEET SHALL NOT CONSTITUTE AN ADMISSION BY ANY PERSON OR ENTITY, AND IS NOT INTENDED TO AND DOES NOT CREATE ANY LEGAL OR EQUITABLE OBLIGATIONS ON ANY PARTY. THIS TERM SHEET HAS BEEN PRODUCED IN CONNECTION WITH SETTLEMENT DISCUSSIONS AND IS SUBJECT TO THE PROVISIONS OF RULE 408 OF THE FEDERAL RULES OF EVIDENCE AND OTHER SIMILAR APPLICABLE STATE AND FEDERAL RULES. THIS TERM SHEET IS NOT AN OFFER OR A SOLICITATION WITH RESPECT TO ANY SECURITIES OF ANY PARTY OR WITH RESPECT TO A CHAPTER 11 PLAN OF THE DEBTORS. ANY SUCH OFFER OR SOLICITATION SHALL COMPLY WITH ALL APPLICABLE SECURITIES LAWS AND/OR PROVISIONS OF THE BANKRUPTCY CODE AND WILL BE SUBJECT TO THE FINALIZATION OF A CHAPTER 11 PLAN AND ACCOMPANYING DISCLOSURE STATEMENT. CHAPTER 11 PLAN TERM SHEET OVERVIEW
