Examples of Cash Note Payment in a sentence
Notwithstanding Section 6(a), no Accelerated DCA Payment shall be made to Executive pursuant to the preceding sentence at the time any Cash Note Payment shall be made from proceeds of an initial public offering of Company equity securities registered under the Securities Act (an "IPO") or during the period of not less than six nor more than 12 months following an IPO during which Executive shall, pursuant to the Stockholders Agreement between Executive, Xxxxxxxxxxx X.
The Cash Note Payment is a sum certain in cash dependent only upon the various dates upon which the Plan Confirmation occurs; the amount of the Cash Note Payment is reduced as the Confirmation Date is delayed.
Although GSI intends to report the Cash Note Payment as a payment of principal of the Senior Notes, the Internal Revenue Service may challenge this treatment and may instead take the position that the Cash Note Payment represents, alternatively, accrued but unpaid interest on the Senior Notes, or fee income for the certain actions, namely the timely consent of the Senior Noteholders to the Plan.
Although the descending amount of the Cash Note Payment is based upon the passage of time until the Confirmation occurs, GSI is under no prior legal obligation to make a payment to the Senior Noteholders with respect to a Confirmation Date occurring under a title 11 case.
Other than as provided in the immediately preceding sentence, in no event shall the Cash Note Payment Reserve or the Holdover Reserve be released without the prior written consent of the Agents.
Holdings and GSI intend to take the position that the appropriate characterization of the Exchange relating to the Senior Noteholders for U.S. federal income tax purposes is as follows: (i) Holdings issues New Common Shares and contributes them to the capital of GSI and (ii) GSI transfers to the Senior Noteholders, in exchange for their Senior Note Claims, the New Common Shares, the New Senior Secured Notes and the Cash Note Payment.
Under the Plan, (i) the Senior Noteholders will exchange 100% of the Senior Notes for their Pro Rata Share of the New Senior Secured Notes, the Cash Note Payment and such number of New Common Shares as will result in the Senior Noteholders owning on a fully diluted basis 74.3% of the outstanding New Common Shares and (ii) the shareholders of Holdings will exchange the Holdings Common Shares for New Common Shares and New Warrants (the “Exchange”).
If the characterization of the Exchange relating to the Senior Noteholders described above is not successfully challenged by the IRS, then GSI should realize COD income equal to the difference, if any, between (i) the adjusted issue price of the Senior Notes, and (ii) the sum of the fair market value of the New Common Shares, the issue price of the New Senior Secured Notes and the amount of the Cash Note Payment.
No cash advances can be made with the credit card.The credit card limit must not exceed $1000 unless approved by the Treasurer.
If the Senior Notes and the New Senior Secured Notes are not treated as “securities” for U.S. federal income tax purposes, the Exchange should constitute a taxable event to the Senior Noteholders with the Senior Noteholders deemed to have transferred the Senior Notes to GSI in exchange for the New Senior Secured Notes, the New Common Shares and the Cash Note Payment.