Examples of Convertible Notes Trustee Fees in a sentence
For the avoidance of doubt, any Allowed Convertible Noteholder Claim that constitutes Convertible Notes Trustee Fees shall be paid as a Restructuring Expense set forth in Article II.E of the Plan and any distribution of the Convertible Noteholder New Warrant Recovery shall not be used to pay such Allowed Convertible Noteholder Claim that constitutes Convertible Notes Trustee Fees.
As of the Effective Date, the Convertible Notes Claims shall be Allowed and deemed to be Allowed Claims in the amount of $86.25 million of principal and$2,285,625 of accrued interest, and the Convertible Notes Trustee Fees.
Upon such notification, the Convertible Notes Trustee may assert its Convertible Notes Trustee Charging Lien to pay the disputed portion of its Convertible Notes Trustee Fees and Expenses or submit such dispute for resolution by the Court; provided, however, that the Court’s review shall be limited to a determination under the reasonableness standard in accordance with the Convertible Notes Indenture.
If the Debtors dispute any requested Convertible Notes Trustee Fees and Expenses, the Debtors shall (i) pay the undisputed portion of the Convertible Notes Trustee Fees and Expenses and (ii) notify the Convertible Notes Trustee of such dispute within two (2) Business Days after presentment of summary invoices by the Convertible Notes Trustee.
On the Effective Date, the Debtors shall pay in Cash all unpaid Convertible Notes Trustee Fees from Plan Cash, regardless of whether such fees and expenses were incurred before or after the Petition Date, without application by any party to the Bankruptcy Court and without notice and a hearing pursuant to section 1129(a)(4) of the Bankruptcy Code or otherwise.
All (i) Restructuring Expenses and (ii) Convertible Notes Trustee Fees and Expenses to be paid on the Plan Effective Date shall be estimated prior to and as of the Plan Effective Date, and such estimates shall be delivered to the Debtors at least two (2) Business Days before the anticipated Plan Effective Date; provided, however, that such estimates shall not be considered an admission or limitation with respect to such Restructuring Expenses or Convertible Notes Trustee Fees and Expenses.
On the Plan Effective Date, the Convertible Notes Claims shall be Allowed in the aggregate principal amount of not less than approximately $124,685,000, plus accrued and unpaid interest on such principal amount through the Petition Date and any other amounts (for the avoidance of doubt, other than Convertible Notes Trustee Fees and Expenses) due and owing pursuant to the Convertible Notes Indenture through and including the Plan Effective Date.
Nothing herein shall in any way affect or diminish the right of the Convertible Notes Trustee to exercise its Convertible Notes Trustee Charging Lien against distributions on account of the Convertible Notes Claims with respect to any unpaid Convertible Notes Trustee Fees and Expenses.