Common use of Subsequent Distribution Requirements for EPM Entitlements to Admitted Clause in Contracts

Subsequent Distribution Requirements for EPM Entitlements to Admitted. Group Creditors following the Initial Distribution Time (a) Subject to Clauses 9.3 (Distributions to Capital Markets Trustees) and 9.4 (Distributions to Certificate Holders), following the Initial Distribution Time, (i) a Holdback Creditor who is notified that it has become an Admitted Group Creditor in accordance with Clause 9.7(c) (Postponement of Holdback Claims); (ii) an Admitted Group Creditor who failed to satisfy the Initial Distribution Requirements described in Clause 9.1 (Distribution Requirements for Admitted Group Creditors as at the Initial Distribution Time) on or before the Record Date; or (iii) an Admitted Group Creditor who failed to satisfy the Subsequent Distribution Requirements described in this Clause 9.2 (Subsequent Distribution Requirements for Admitted Group Creditors following the Initial Distribution Time) eight (8) Business Days prior to a Subsequent Distribution Date, must complete and deliver to the Deed Administrator the Subsequent Distribution Requirements on or before the Business Day falling eight (8) Business Days prior to the next Subsequent Distribution Date. (b) Subject to (c) below, only Admitted Group Creditors who have complied with (a) above eight (8) Business Days prior to a Subsequent Distribution Date will be entitled to be distributed their EPM Entitlements from the Holding Period Trustee on the Subsequent Distribution Date. (c) Notwithstanding the receipt of the Subsequent Distribution Requirements, the Deed Administrators may, following consultation with or upon the request of Holdco or the Holdco Agents (each acting reasonably and in good faith), treat the Subsequent Distribution Requirements as not being satisfied by such Admitted Group Creditor if, acting reasonably and in good faith, they consider that the Admitted Group Creditor is a Disqualified Creditor, subject to the Deed Administrator first providing notice to the relevant Admitted Group Creditor of the Deed Administrators’ determination.

Appears in 20 contracts

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

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Subsequent Distribution Requirements for EPM Entitlements to Admitted. Group Creditors following the Initial Distribution Time (a) Subject to Clauses 9.3 (Distributions to Capital Markets Trustees) and 9.4 (Distributions to Certificate Holders), following the Initial Distribution Time, (i) a Holdback Creditor who is notified that it has become an Admitted Group Creditor in accordance with Clause 9.7(c) (Postponement of Holdback Claims); (ii) an Admitted Group Creditor who failed to satisfy the Initial Distribution Requirements described in Clause 9.1 (Distribution Requirements for Admitted Group Creditors as at the Initial Distribution Time) on or before the Record Date; or (iii) an Admitted Group Creditor who failed to satisfy the Subsequent Distribution Requirements described in this Clause 9.2 (Subsequent Distribution Requirements for Admitted Group Creditors following the Initial Distribution Time) eight (8) Business Days prior to a Subsequent Distribution Date, must complete and deliver to the Deed Administrator the Subsequent Distribution Requirements on or before the Business Day falling eight (8) Business Days prior to the next Subsequent Distribution Date. (b) Subject to (c) below, only Admitted Group Creditors who have complied with with (a) above eight (8) Business Days prior to a Subsequent Distribution Date will be entitled to be distributed their itstheir EPM Entitlements from the Holding Period Trustee on the Subsequent Distribution Date. (c) Notwithstanding the receipt of the Subsequent Distribution Requirements, the Deed Administrators may, following consultation with or upon the request of Holdco or the Holdco Agents (each acting reasonably and in good faith), treat the Subsequent Distribution Requirements as not being satisfied by such Admitted Group Creditor if, acting reasonably and in good faith, they consider that the Admitted Group Creditor is a Disqualified Creditor, subject to the Deed Administrator first providing notice to the relevant Admitted Group Creditor of the Deed Administrators’ determination.

Appears in 1 contract

Samples: Deed of Company Arrangement

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