Examples of EFIH Unsecured Notes Trustee in a sentence
The EFIH First Lien Notes Trustee shall hold the funds in the EFIH First Lien Post-Effective Fee and Indemnification Reserve (until they are distributed in accordance with the terms hereof) pursuant to a standard escrow or other account agreement with customary terms, which agreement shall be executed as soon as reasonably practicable after the EFH Effective Date and shall be in form and substance reasonably acceptable to the EFIH First Lien Notes Trustee and the EFIH Unsecured Notes Trustee.
Such accounting will be shared with the professionals for the Holders of Claims and Interests Against the EFH Debtors and EFIH Debtors, including the EFIH Unsecured Notes Trustee and the advisors to the EFIH Unsecured Notes Trustee, on a professionals’ eyes only basis.
By no later than the date that is six years after the EFH Effective Date (the “ Excess Funds Distribution Date”), any Excess Funds then in the EFIH Second Lien Post-Effective Date Fee and Indemnification Reserve shall be distributed by the EFIH Second Lien Notes Trustee to the EFIH Unsecured Notes Trustee (or such designee appointed by the EFIH Unsecured Notes Trustee) for the benefit of Class B6 Creditors pursuant to the Plan.
By no later than the date that is six years after the EFH Effective Date (the “ Excess Funds Distribution Date”), any Excess Funds then in the EFIH First Lien Post-Effective Date Fee and Indemnification Reserve shall be distributed by the EFIH First Lien Notes Trustee to the EFIH Unsecured Notes Trustee (or such designee appointed in writing by the EFIH Unsecured Notes Trustee) for the benefit of Class B6 Creditors pursuant to the Plan.
During the period between the Effective Date and the actual Excess Funds Distribution Date, the EFH Plan Administrator Board, or its designee if the EFH Plan Administrator Board is no longer in existence, shall provide a report every 90 days to the EFIH Unsecured Notes Trustee, and its professionals, of all EFIH Second Lien Post-Effective Date Fees and Indemnification Claims drawn from the EFIH Second Lien Post-Effective Date Fee and Indemnification Reserve during the preceding 90 days.
The Makewhole Litigation Oversight Committee and/or the EFIH Unsecured Notes Trustee shall have the right to seek relief from the Bankruptcy Court to facilitate distributions on behalf of the Holders of the Class B6 Claims, and all parties-in-interest shall have the right to contest or otherwise oppose such request for relief.
The Debtors may not amend the Plan in a manner inconsistent with the PIK Settlement without the prior consent of the EFIH Unsecured Notes Trustee.
During the period between the Effective Date and the actual Excess Funds Distribution Date, the EFH Plan Administrator Board, or its designee if the EFH Plan Administrator Board is no longer in existence, shall provide a report every 90 days to the EFIH Unsecured Notes Trustee, and its professionals, of all EFIH First Lien Post-Effective Date Fees and Indemnification Claims drawn from the EFIH First Lien Post-Effective Date Fee and Indemnification Reserve during the preceding 90 days.
If the EFIH Claims Reserve proves to be insufficient to pay all Allowed EFIH First Lien Note Claims and Allowed EFIH Second Lien Note Claims (including all interest thereon) in full, any payment of the EFIH Base Payment Amount, any other EFIH Unsecured Notes Trustee Fees and Expenses or any fees and expenses allowed under the EFH Notes Indentures shall be subject to disgorgement to satisfy such Allowed Claims (including all interest thereon) in full.
The EFIH Unsecured Notes Trustee and Elliott shall file a notice or other pleading in connection with the Elliott/EFH Unsecured Notes Trustee Allocation Appeal, the Confirmation Appeal, the PAB Participation Appeal, and R48L1F3-13724075-82728082.44v.1 the D&O Reimbursement Appeal, withdrawing and dismissing all three appeals with prejudice.