Examples of FILO Notes in a sentence
If the FILO Notes Indenture Trustee is unable to make, or consents to the Reorganized Debtors making, such distributions, the Reorganized Debtors, with the FILO Notes Indenture Trustee’s cooperation, shall make such distributions to the extent practicable to do so (provided that until such distributions are made, the FILO Notes Indenture Trustee Charging Lien shall attach to the property to be distributed in the same manner as if such distributions were made through the FILO Notes Indenture Trustee).
Finally, the FILO Intercreditor Agreement governs the relative contractual rights of the agent under the ABL Facility on one hand, and the FILO Notes Indenture Trustee on the other hand.
The Liquidation Analysis assumes that the aggregate principal amount indebted, plus any unpaid interest as of the Petition Date, under the FILO Notes is $50.2 million.
The FILO Notes are secured by a 1.5-lien security interest on the ABL Priority Collateral (as defined in the ABL Credit Agreement) and a 2.5-lien security interest on the Debtors’ other assets.
Any distributions to Holders of FILO Notes Claims shall be deemed completed when made to (or at the direction of) the FILO Notes Indenture Trustee, which shall be deemed to be the Holder of all FILO Notes Claims for purposes of distributions to be made hereunder, provided, however, that non-Cash consideration, if any, shall not be distributed in the name of the FILO Notes Indenture Trustee.
As soon as practicable in accordance with the requirements set forth in Article VI of the Plan, the FILO Notes Indenture Trustee shall cause such distributions (if any) to be made to or on behalf of such Holders in accordance with the FILO Notes Indenture and subject to the rights of the FILO Notes Indenture Trustee to assert its FILO Notes Indenture Trustee Charging Lien.
Since the Petition Date, the Allianz Parties have executed an amendment and joinder to the Restructuring Support Agreement, which contemplates the modification of the treatment of the FILO Notes Claims, as reflected in the Plan.
Therefore, each Holder of a FILO Notes Claim is not entitled to vote to accept or reject the Plan.
Each Holder of a FILO Notes Claim is conclusively presumed to have accepted the Plan pursuant to section 1126(f) of the Bankruptcy Code.
Delivery of Distributions on account of FILO Notes ClaimsAny distributions to Holders of FILO Notes Claims shall be deemed completed when made to (or at the direction of) the FILO Notes Indenture Trustee, which shall be deemed to be the Holder of all FILO Notes Claims for purposes of distributions to be made hereunder, provided, however, that non-Cash consideration, if any, shall not be distributed in the name of the FILO Notes Indenture Trustee.