Examples of EFIH Notes in a sentence
The indenture governing the EFIH Notes contains a cross acceleration provision whereby a payment default at maturity or on acceleration of principal indebtedness under any instrument or instruments of Intermediate Holding or any of its restricted subsidiaries in the aggregate amount equal to or greater than $250 million may cause the acceleration of the EFIH Notes.
Section R.1. of the E-Side Plan provides for the payment of the fees and expenses of the EFIH Notes and EFH Notes Indenture Trustees.
Section R.1. of the E-Side Plan provides for the payment of the reasonable and documented fees and expenses allowed under the various EFH and EFIH Note Indentures, which include the professional fees of the EFH Unsecured Notes Indenture Trustee and the EFIH Notes Indenture Trustee7.
On October 15, 2013, EFIH filed an 8-K with the SEC disclosing a restructuring proposal from the TCEH first-lien noteholders, in which, among other things, EFIH would file for bankruptcy and “refinance” the EFIH Notes without paying “any make-whole amount.” (Horton Ex. 19 at 2-3 & Ex. 99.2; id.
In particular, the EFIH Notes Indenture Trustee and the EFH Notes Indenture Trustee professional fee payments relate to parties and professionals whose compensation is specifically statutorily governed by 11 U.S.C. §§ 503(b)(3)(D), 503(b)(4) and 503(b)(5) of the Code.
Therefore, the EFIH Debtors issued the new EFIH Notes pursuant to the Indenture dated August 17, 2010 between EFIH and the Bank of New York Mellon Trust Company, N.A., as trustee.
The indenture governing the EFIH Notes includes covenants that, among other things and subject to certain exceptions, restrict Intermediate Holding’s ability to pay dividends or make other distributions with respect to its membership interest.