Examples of Holdco Loan in a sentence
Except to the extent that a holder of an Allowed Secured Loan Claim agrees to a less favorable treatment of such Claim, each such holder shall receive, in full and final satisfaction of such Claim and in accordance with Section 5.4(b) of the Plan, on the Effective Date, or as soon as reasonably practicable thereafter, such holder’s Pro Rata share of (i) ninety percent (90%) of the New Common Stock issued on the Effective Date, (ii) the Last Out Exit Term Loan, and (iii) the Subordinated Holdco Loan.
Parent shall, and shall cause Porsche Holdco to, consummate the Porsche Holdco Loan and Contribution Transactions effective as of 8:03 A.M. New York time on the Closing Date, on the terms, and pursuant to such documentation and instruments, as are acceptable to, and approved in advance by, the Investors in their sole and absolute discretion.
For the avoidance of doubt, the Subordinated Holdco Loan shall be an unsecured obligation of Reorganized Holdings and shall not be guaranteed by any of the other Reorganized Debtors.
A U.S. holder’s holding period in the New Common Stock and the Subordinated Holdco Loan should begin on the day following the exchange date.
If there is a total or partial loss of any of the pledged collateral, the insurance proceeds received may be insufficient to satisfy the secured obligations the other Reorganized Debtors, including the Exit Facility (other than the Subordinated Holdco Loan).
Provided that any warranty or undertaking by the Seller directly or indirectly to the effect that the Seller’s Interest is or shall be unencumbered or free from Liens shall be subject to and limited by any such Lien or encumbrance as is imposed by the Holdco Loan Documents, the Holdco II Documents and the Loan Modification.
The Subordinated Holdco Loan will not be guaranteed by any other Fairway Entity.Senior Secured Lenders holding more than 70% in amount of the Secured Loan Claims (the “Consenting Lenders”) support the restructuring transaction and have executed a restructuring support agreement (the “Restructuring Support Agreement”) with the Debtors, a copy of which is attached hereto as Exhibit B.
Seller has delivered to Purchaser true, correct and complete copies of the material Holdco Loan Documents.
Any capital gain or loss generally should be long-term if the U.S. holder’s holding period for the Last Out Exit Term Loan or Subordinated Holdco Loan, as applicable, is more than one year at the time of disposition.
For the avoidance of doubt, the Subordinated Holdco Loan shall be an unsecured obligation of Reorganized Holdings and shall not be guaranteed by any of the other Reorganized Debtors.(c)The Debtors shall be authorized to execute, deliver, and enter into and perform under the Amended and Restated Credit Agreement without the need for any further corporate or limited liability company action and without further action by the holders of Claims or Interests.