Examples of Convertible Subordinated Notes Indenture Trustee in a sentence
To the extent provided in the Senior Secured Notes Indenture and Convertible Subordinated Notes Indenture, as applicable, and permitted by applicable law, all Plan Distributions made by the Disbursing Agent to Class 3 (Senior Secured Notes Claims) and Class 6 (Convertible Subordinated Notes Claims) shall be subject to any charging liens in favor of the Senior Secured Notes Indenture Trustee and Convertible Subordinated Notes Indenture Trustee, respectively.
Except as provided pursuant to this Plan, each of the Senior Secured Notes Indenture Trustee and the Convertible Subordinated Notes Indenture Trustee and their respective agents, successors and assigns shall be discharged of all of their obligations associated with the Senior Secured Notes and Convertible Subordinated Notes, respectively.
Except as provided pursuant to the Plan, each of the Senior Secured Notes Indenture Trustee and the Convertible Subordinated Notes Indenture Trustee and their respective agents, successors and assigns shall be discharged of all of their obligations associated with the Senior Secured Notes and Convertible Subordinated Notes, respectively.
By the DB Rule 2004 Motion, the Convertible Subordinated Notes Indenture Trustee is seeking to determine whether the publicly filed version of the Convertible Subordinated Notes Indenture was the version of the Convertible Subordinated Notes Indenture signed at closing and, according to the Convertible Subordinated Notes Indenture Trustee, was “therefore the Indenture under which the Notes were issued.” DB Rule 2004 Motion, p.
In the event that the Debtors dispute all or a portion of the Senior Secured Notes Indenture Trustee Claim or the Convertible Subordinated Notes Indenture Trustee Claim, the Debtors shall pay the undisputed amount of such Senior Secured Notes Indenture Trustee Claim or Convertible Subordinated Notes Indenture Trustee Claim (as the case may be), and segregate the remaining portion of such Claim until such dispute is resolved by the parties or by the Bankruptcy Court.
The Convertible Subordinated Notes Indenture Trustee and the Creditors’ Committee dispute this position.
The terms of the Plan reflect good faith, arms length negotiations among the Debtors, the Investor Parties, and the Ad Hoc Senior Secured Noteholders Group, as well as the Creditors’ Committee, the Convertible Subordinated Notes Indenture Trustee, and Independent Convertible Noteholder Consortium.
The Convertible Subordinated Notes Indenture Trustee asserts that such language was not included in the version of the Convertible Subordinated Notes Indenture signed at closing and, thus, unless the inclusion of the requirement that Senior Indebtedness be paid in cash or cash equivalent was done by amendment in accordance with Article IX of the Convertible Subordinated Notes Indenture (which governs amendments thereto), the Convertible Subordinated Notes Indenture was not properly amended post-closing.
All distributions of New Common Stock to holders of Allowed Convertible Subordinated Notes Claims shall be made to, or distributed in accordance with the direction of, the Convertible Subordinated Notes Indenture Trustee, in accordance with the Plan.
Upon completion of all such Distributions to the Convertible Subordinated Noteholders, any remaining existence of the Convertible Subordinated Notes Indenture, any related agreements or documents, and the Convertible Subordinated Notes shall be terminated and cancelled and any remaining obligations of the Convertible Subordinated Notes Indenture Trustee shall be discharged.