Common use of Renegotiation of International Notes Clause in Contracts

Renegotiation of International Notes. Once the Conditions have been met, the International Notes will be renegotiated in the manner indicated above, exchanging the current debt securities for the New International Notes, it being understood, for all legal purposes, that the date of the renegotiation of the International Notes shall be the date of the Deliberative Meeting. The New International Notes are denominated and payable in U.S. dollars of the United States of America (“Dollars”).Once the International Notes have been exchanged for the New International Notes, the Company must obtain CUSIP and ISIN numbers for the New International Notes (separately for the New International Notes Tranche A and the New International Notes Tranche B). The total principal amount of the New International Notes will be the equivalent of the sum of: (i) USDS$227,349,615 (two hundred and twenty-seven million three hundred and forty-nine thousand six hundred and fifteen Dollars) (equivalent to the total amount of principal owed under the International Notes); and (ii) the total amount of interest under the International Notes (including Defaulted Interest and Post-Petition Interest as defined in the Indenture) accrued and unpaid as of the date of the Deliberative Meeting, that is, the amount of USD$11,128,504 (eleven million one hundred and twenty-eight thousand five hundred and four Dollars). The New International Notes will be issued and delivered, in exchange for the International Notes, to the Noteholders, with New International Tranche A Notes being delivered to the Tranche A International Noteholders and New Tranche B International Notes to the Tranche B International Noteholders. The New International Notes will be issued as one or more global securities registered in the name of Cede & Co. as Registration Holder, and as a nominee of The Depository Trust Company, in the same manner as the International Notes were issued. In addition, all International Note Security and Security Documents set forth in the Indenture and International Notes will be maintained, which will be reflected in the New Instruments, under the terms set forth in this Agreement.

Appears in 3 contracts

Samples: Reorganization Agreement, Reorganization Agreement (Baluma S.A.), Reorganization Agreement

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Renegotiation of International Notes. Once the Renegotiation Conditions have been met, the International Notes will be renegotiated in the manner indicated above, exchanging the current debt securities for the New International Notes, it being understood, for all legal purposes, that the date of the renegotiation of the International Notes shall be the date of the Deliberative Meeting. The New International Notes are denominated and payable in U.S. dollars of the United States of America (“Dollars”).Once Dollars”). Once the International Notes have been exchanged for the New International Notes, the Company must obtain CUSIP and ISIN numbers for the New International Notes (separately for the New International Notes Tranche A and the New International Notes Tranche B). The total principal amount of the New International Notes will be the equivalent of the sum of: (i) USDS$227,349,615 (two hundred and twenty-seven million three hundred and forty-forty- nine thousand six hundred and fifteen Dollars) (equivalent to the total amount of principal owed under the International Notes); and (ii) the total amount of interest under the International Notes (including Defaulted Interest and Post-Petition Interest as defined in the Indenture) accrued and unpaid as of the date of the Deliberative Meeting, that is, the amount of USD$11,128,504 USD$13,126,777 (eleven thirteen million one hundred and twenty-eight six thousand five seven hundred and four seventy-seven Dollars). The New International Notes will be issued and delivered, in exchange for the International Notes, to the Noteholders, with New International Tranche A Notes being delivered to the Tranche A International Noteholders and New Tranche B International Notes to the Tranche B International Noteholders. The New International Notes will be issued as one or more global securities registered in the name of Cede & Co. as Registration Holder, and as a nominee of The Depository Trust Company, in the same manner as the International Notes were issued. In addition, all International Note Security and Security Documents set forth in the Indenture and International Notes will be maintained, which will be reflected in the New Instruments, under the terms set forth in this Agreement. In the event that the exchange of the International Bonds has not taken place within a period of 90 days from the date the Renegotiation Conditions were verified, the International Notes will be understood to be accelerated and with an expired term, by operation of law and without the need for any declaration, judicial or party, and, consequently, International Noteholders shall be released to execute the rights granted to them by law, this agreement, the Indenture, the Promissory Note, the International Note Guarantees, and Security Documents and all other documents associated therewith, under any applicable law and in any jurisdiction.

Appears in 1 contract

Samples: Reorganization Agreement

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