Examples of Creditor Trust Interests in a sentence
To the extent the interests in the Creditor Trust Interests are deemed to be “securities,” the issuance of such interests under the Plan are exempt, pursuant to section 1145 of the Bankruptcy Code, from registration under the Securities Act of 1933, as amended, and any applicable state and local laws requiring registration of securities.
To the extent provided in section 1145 of the Bankruptcy Code and under applicable nonbankruptcy law, the issuance under the Plan of the Creditor Trust Interests will be exempt from registration under the Securities Act of 1933, as amended, and the Investment Company Act of 1940, as amended, pursuant to section 7(a) and 7(b) of that Act, and all rules and regulations promulgated under any of the foregoing.
Immediately thereafter, on behalf of Allowed General Unsecured Claims, the Plan Administrator shall transfer such Creditor Trust Assets to the Creditor Trust in exchange for Creditor Trust Interests for the benefit of holders of Allowed General Unsecured Claims in accordance with the Plan.
Section 1145 of the Bankruptcy Code shall be applicable to the issuance of the Creditor Trust Interests, if any.
All Creditor Trust Interests to be issued shall be deemed issued as of the Effective Date regardless of the date on which they are actually distributed.
All such distributions to be made under the Creditor Trust Agreement shall be made to the Plan Administrator, as disbursing agent for the Creditor Trust, who shall distribute them to the holders of the Creditor Trust Interests based on their respective interests, in each case subject to the terms of the Plan and the Creditor Trust Agreement.
The Creditor Trust Interests may not be transferred or assigned, except by operation of law or by will or the laws of descent and distribution.
All Creditor Trust Interests shall be deemed to have been issued as of the Effective Date, whether or not held in reserve.
Any recoveries on account of the Creditor Trust Assets shall be distributed to holders of Creditor Trust Interests in accordance with the Plan and the Creditor Trust Agreement.
The official claims register maintained in the Chapter 11 case shall constitute the registry of the holders of Creditor Trust Interests.