Examples of ABL Facility Loans in a sentence
Although not free from doubt, the Debtors intend to take the position that neither the Exit ABL Facility Loans nor the ABL Facility are considered to be traded on an established market at the time of the exchange, and that therefore the issue price of the Exit ABL Facility Loans should generally equal their stated principal amount.
In addition to regular U.S. federal income tax, certain Holders that are individuals, estates or trusts are subject to a 3.8% tax on all or a portion of their “net investment income,” which may include all or a portion of their dividends on New Holdco Common Stock or interest income (including accrued OID) arising from Exit ABL Facility Loans or the Subordinated Notes pursuant to the Plan and any gain recognized on the sale or other taxable disposition of New Holdco Common Stock or Subordinated Notes.
Holders who exchange (or are deemed to exchange) Claims for Exit ABL Facility Loans, New Opco Common Units, Subordinated Notes, beneficial interests in the GUC Trust and/or Cash may be affected by the “market discount” provisions of Sections 1276 through 1278 of the Code.
The issue price of the Exit ABL Facility Loans will depend on whether a substantial amount of either the Exit ABL Facility Loans or the ABL Facility are considered to be “traded on an established market” (discussed in Section 10.3(b)(6) below) at the time of the exchange.
On and as of the Effective Date, all Persons or Entities entitled to Plan consideration in the form of Exit ABL Facility Loans in accordance with this Plan shall be deemed to be parties to, and bound by, the Exit ABL Facility Credit Agreement, without the need for execution thereof by any such Person or Entity.
Alternatively, an employee may elect to receive two and one-half (2 times straight time hourly rate of pay for all hours worked on a Holiday.
Although the Exit ABL Facility Loans are expected to contain substantially the same terms as the ABL Facility, it is unclear whether the deemed extension of the maturity date and the amendments to certain covenants and maintenance requirements would qualify under the section 1001 safe harbors and, if not, whether they would give rise to a significant modification to the Allowed ABL Facility Claim under the general Section 1001 Regulations.
The Borrower will use the proceeds of the ABL Facility Loans, and may request the issuance of Letters of Credit, for general corporate purposes (including, without limitation, for Permitted Business Acquisitions).
Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow ABL Facility Loans.
Holders of Allowed ABL Facility Claims are urged to consult their own tax advisors as to whether the exchange of an Allowed ABL Facility Claim for a pro rata share of the Exit ABL Facility Loans constitutes a significant modification, and consequently a deemed exchange, of the ABL Facility under the Section 1001 Regulations.