Treatment of Subordinated Notes Claims Sample Clauses

Treatment of Subordinated Notes Claims. The treatment of Allowed Subordinated Notes Claims under the Existing Plan shall be changed to reflect that the Conforming Plan will (i) provide Xxxxx Fargo, as Subordinated Notes Indenture Trustee, solely on behalf of the holders of the Subordinated Notes Claims with an Allowed General Unsecured Claim in the amount of $55,000,000 (which Claim shall receive the treatment described in subclause iii. above) against DH in exchange for and in full satisfaction of any and all Subordinated Notes Claims, and (ii) provide for a full waiver of the right of subordination that any claim holder might have with respect to such claim. The Parties shall include appropriate language in any proposed form of order confirming such plan to reflect such waiver, including language providing that DH (or, as applicable, the Surviving Entity) shall fully indemnify the Senior Notes Indenture Trustee, to the extent required under the Senior Notes Indenture, for any liability and shall reimburse, to the extent required under the Senior Notes Indenture, the Senior Notes Indenture Trustee’s fees and expenses (including the fees and expenses of its legal counsel) arising from or related to any claim asserted by a holder of Senior Notes (that is not a Consenting Senior Noteholder) related to the foregoing treatment.
Sample 1
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Treatment of Subordinated Notes Claims. The treatment of Allowed Subordinated Notes Claims under the Existing Plan shall be changed to reflect that the Conforming Plan will (i) provide Xxxxx Fargo, as Subordinated Notes Indenture Trustee, solely on behalf of the holders of the Subordinated Notes Claims with an Allowed General Unsecured Claim in the amount of $55,000,000 (which Claim shall receive the treatment described in subclause iii. above) against DH in exchange for and in full satisfaction of any and all Subordinated Notes Claims, and
Sample 1

Related to Treatment of Subordinated Notes Claims

  • Senior Subordinated Notes The subordination provisions contained in the Senior Subordinated Notes and in the other Senior Subordinated Note Documents are enforceable against the Borrower and the holders of the Senior Subordinated Notes, and all Obligations are within the definition of "Senior Debt" included in such subordination provisions.

  • SUBORDINATION OF NOTES Section 11.01.

  • Agreement of Subordination The Company covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price with respect to the Notes called for redemption in accordance with Section 3.2 or submitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four shall prevent the occurrence of any default or Event of Default hereunder.

  • Notes Subordinated to Senior Indebtedness The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Ten; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Senior Indebtedness; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.

  • Subordinated Notes The Subordinated Notes have been duly authorized by the Company and when executed by the Company and issued, delivered to and paid for by the Purchasers in accordance with the terms of the Agreement, will have been duly executed, authenticated, issued and delivered, and will constitute legal, valid and binding obligations of the Company and enforceable in accordance with their terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

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