Examples of Contingent Debt in a sentence
However, the application of the Contingent Debt Regulations to instruments such as the New Senior Notes is uncertain in several respects, and no rulings have been sought from the IRS or a court with respect to any of the tax consequences discussed below.
The amount of COD income that will be realized by the Debtor is uncertain because it will depend on the fair market value of the New Common Stock and the issue price of the New Notes on the Effective Date (see discussion of the rules relating to the determination of the issue price of the New Notes below in “—Federal Income Tax Consequences to Holders of Certain Claims—U.S. Holders of Noteholder Claims (Class 5)—New Notes— Contingent Debt Rules”).
The amount of gain (if any) recognized by a U.S. Holder would be equal to the excess of (i) the sum of the issue price of the New Notes (see discussion of issue price below in “—New Notes— Contingent Debt Rules”) and the fair market value of the New Common Stock over (ii) the U.S. Holder’s adjusted tax basis in the Old Notes exchanged therefor.
The amount of gain (if any) recognized by a U.S. Holder will be equal to the difference between (i) the sum of the issue price of the New Notes (see discussion of the rules relating to the determination of the issue price of the New Notes above in “—U.S. Holders of Noteholder Claims (Class 5 —New Notes— Contingent Debt Rules”) and the fair market value of the New Common Stock and (ii) the U.S. Holder’s adjusted tax basis in the USEC Preferred Stock Interests exchanged therefor.
The Issuer and by the purchase of a Note governed hereby each beneficial owner agree for U.S. federal income tax purposes, (i) to treat the Notes as indebtedness that is subject to U.S. Treasury Regulations §1.1275-4(b) governing contingent payment debt instruments (the “Contingent Debt Regulations”), and (ii) to use the Issuer’s determination of the “comparable yield” and “projected payment schedule,” within the meaning of the Contingent Debt Regulations, with respect to the Notes.