Prepetition Credit Agreement. (i) As of the Petition Date, pursuant to that certain Credit and Guaranty Agreement, dated as of June 28, 2021 (as amended, restated, amended and restated, supplemented or otherwise modified from time to time prior to the Petition Date, the “Prepetition Credit Agreement” and, collectively with the Collateral Documents (as defined in the Prepetition Credit Agreement) and any other agreements and documents executed or delivered in connection with the Prepetition Credit Agreement or Collateral Documents, each as may be amended, restated, amended and restated, supplemented, waived, or otherwise modified prior to the Petition Date, the “Prepetition Loan Documents”), by and among the Borrower (in such capacity, the “Prepetition Borrower”), certain subsidiaries of the Prepetition Borrower party thereto, as guarantors (the “Prepetition Guarantors” and, together with the Prepetition Borrower, the “Prepetition Credit Parties”), Alter Domus (US) LLC, as administrative agent and collateral agent (in such capacities, the “Prepetition Agent”), and the lenders from time to time party thereto (the “Prepetition Lenders” and, together with the Prepetition Agent, the “Prepetition Secured Parties”), the Prepetition Credit Parties incurred “Obligations” (as defined in the Prepetition Credit Agreement, the “Prepetition Secured Obligations”) to the Prepetition Secured Parties on a joint and several basis;
Prepetition Credit Agreement. Claims Each holder of an allowed claim arising under the Credit Agreement (including, for the avoidance of doubt, any “Secured Hedging Obligations” as defined in the Credit Agreement) (collectively, such claims, the “Prepetition Credit Agreement Claims”) shall be impaired and shall receive on the Plan Effective Date payment of cash in an amount equal to 100% of the outstanding principal amount of such holder’s Prepetition Credit Agreement Claims plus accrued and unpaid interest to and including the Plan Effective Date at the non-default contract rate. Senior Subordinated Noteholder Claims Each holder of an allowed claim under the senior notes (the “Senior Subordinated Notes”; and such claims, the “Senior Subordinated Noteholder Claims”) issued under the Indenture, dated as of September 27, 2018 (the “Indenture”), among GMI, Senior Subordinated Notes Issuer, U.S. Co-Borrower, the Guarantors, Deutsche Trustee Company Limited, Deutsche Bank AG, London Branch, and Deutsche Bank Luxembourg S.A.) shall be impaired and shall receive on or promptly after the Plan Effective Date payment in cash from the Senior Subordinated Notes Issuer in an amount equal to 90% of (a) the outstanding principal amount of such Senior Subordinated Notes plus (b) accrued and unpaid interest to and including the petition date at the non-default contract rate (but, for the avoidance of doubt, not including any “make-whole”). General Unsecured Claims against the ASASCO Debtor Subsidiaries Other than to the extent such holder opts in to the ASASCO Convenience Class, each holder of an allowed general unsecured claim (each, a “General Unsecured Claim”) against one or more ASASCO Debtor subsidiaries, including claims against ASASCO guaranteed by one or more ASASCO Debtor subsidiaries (an “ASASCO Group GU Claim”), shall either (a) have its claim assumed by the applicable Reorganized Debtor(s) pursuant to the SAPA as an “Assumed Liability”, (b) receive such treatment so as to render such holder’s allowed General Unsecured Claim unimpaired pursuant to section 1124 of the Bankruptcy Code, or (c) receive from the Liquidating Trust the lesser of payment in full in cash or its pro rata share of the amount available for distributions on ASASCO Group GU Claims in the ASASCO Proceeds Waterfall (as defined below). Plan will substantively consolidate the estates of the ASASCO Debtor subsidiaries solely for the purposes of making distributions, except as otherwise determined by the Bankruptcy Court.
Prepetition Credit Agreement. Claims Each holder of an allowed Prepetition Credit Agreement Claim shall receive on the Plan Effective Date payment of cash in an amount equal to 100% of the outstanding principal amount of such holder’s Prepetition Credit Agreement Claims plus accrued and unpaid interest to and including the Plan Effective Date at the non-default contract rate.
Prepetition Credit Agreement
