Examples of Delaware Funding in a sentence
Pursuant to the intercreditor arrangements between the collateral agent under the Series A Notes, the collateral agent under the Series B Notes and Delaware Funding, Delaware Funding will agree not to exercise any remedies with respect to such security interest without the consent of the collateral agent under the Series B Notes.
The U.S. federal income tax consequences resulting from the Delaware Funding Offers to U.S. Holders of Delaware Funding Old Notes will generally be the same as described in “— U.S. Federal Income Tax Consequences to U.S. Holders — The Offers — The CIT Offers” above (substituting Delaware Funding Old Notes for CIT Old Notes therein), except that holders of Delaware Funding Old Notes will not receive New Preferred Stock pursuant to the Delaware Funding Offers.
Upon such non-confirmation of the Plan solely with respect to Delaware Funding, all references herein to “the Debtors” and “the Reorganized Debtors” shall refer only to CIT Group Inc.
In the event that (i) the holders of at least two-thirds in amount of the Allowed Canadian Senior Note Claims actually voting in Class 7 have voted to accept the Plan and (ii) the holders of more than one-half in number of the Allowed Canadian Senior Note Claims actually voting in Class 7 have voted to accept the Plan, in each case not counting the vote of any holder designated under section 1126(e) of the Bankruptcy Code, the Old Delaware Funding Interests shall be Reinstated.
The Reorganized CIT Certificate of Incorporation, Reorganized Delaware Funding Certificate of Formation and Reorganized Delaware Funding Amendment to Limited Liability Company Agreement provide that the Reorganized Debtors shall provide that the Reorganized Debtors shall not issue any non-voting equity securities to the extent required by Bankruptcy Code section 1123(a)(6).
As of the Effective Date, those holders of Canadian Senior Unsecured Note Claims voting to accept the Plan shall dismiss with prejudice the Canadian Senior Unsecured Note Litigation and any other action(s) pending against Delaware Funding as well as its directors and officers in which such holders are participants alleging the same causes of action based on the same transaction that is the subject of the Canadian Senior Unsecured Note Litigation.
The U.S. federal income tax consequences resulting from the Plan of Reorganization to U.S. Holders of Senior Canadian Unsecured Note Claims will generally be the same as described in “— U.S. Federal Income Tax Consequences to U.S. Holders — The Offers — The Delaware Funding Offers” above (substituting Effective Date for Settlement Date therein).
As of the Effective Date, the CIT Leasing Support Agreements shall be secured by a security interest granted by C.I.T. Leasing Corporation in favor of Delaware Funding, and any modifications to the CIT Leasing Support Agreements shall be filed as a Plan Supplement.
The Reorganized CIT Certificate of Incorporation, the Reorganized Delaware Funding Amendment to Certificate of Formation and the Reorganized Delaware Funding Amendment to Limited Liability Company Agreement are attached hereto as Exhibits A-1, A-2 and A-3, respectively.
Pursuant to the intercreditor arrangements between the collateral agent under the Series A Notes, the collateral agent under the Series B Notes and Delaware Funding, Delaware Funding will agree not to exercise any remedies with respect to such security interest B-16 Table of Contents without the consent of the collateral agent under the Series B Notes.