Exit Loans definition
Examples of Exit Loans in a sentence
A Holder’s adjusted tax basis in the Exit Loans generally should be its initial tax basis in the Exit Loans, increased by the amount of any OID included in the Holder’s income with respect to the Exit Loans and reduced by the amount of any payments that are not qualified stated interest payments.
A Holder that owns loans under the Exit Credit Agreement (“Exit Loans”) generally must include interest on such Exit Loans as ordinary income at the time such interest is received or accrued in accordance with such Holder’s method of accounting for U.S. federal income tax purposes.
The rules relating to OID are complex, and Holders that may receive an interest in the Exit Loans should consult their tax advisors relating to the potential consequences of such rules.
Upon the sale, exchange, retirement or other taxable disposition of Exit Loans, a Holder generally should recognize capital gain or loss equal to the difference between the amount realized on such disposition (less any amounts attributable to accrued but unpaid interest, which will be taxable as ordinary interest income) and its adjusted tax basis in the Exit Loans.
On the Effective Date, (i) the DIP Payments shall be paid in full in Cash and (ii) the remaining DIP Claims shall be converted into First Lien Exit Loans.
On December 19, 2011, the Court entered an order approving the payment of $250,000 to C & G as professional compensation.13 Proceeds from the Exit Loans were used to pay the bulk of C & G’s Court-approved professional compensation.14 On March 5, 2012, following the consummation of the Plan, C&G filed the Post- Confirmation Supplemental Fee Application seeking an additional $205,725 in compensation and an additional $1,989.86 in expense reimbursement for certain post- confirmation services.
Exit Loans shall be payable as and to the extent provided in Section 3.07.
Accordingly, the Second Lien Exit Loans will not be treated as publicly traded for these purposes.
Notwithstanding anything to the contrary herein, the aggregate amount of the Incremental Exit Loans shall not exceed $10,500,000 (which, shall for the avoidance of doubt not be duplicative of any amounts under the Maximum Incremental Amount).
Closing Date The date on which the Exit Loans are issued under the Exit Facility and the Reorganization is consummated in all material respects pursuant to the Plan (the “Closing Date”).