Examples of IP Notes in a sentence
The Administrative Agent shall have received a signed term sheet concerning the IP Notes Financing.
The Company, through its corporate ownership structure, shall instruct and direct the Board of Sears RE that Sears Re shall not enter into or agree to any amendment to (or waiver under) the IP Notes Indenture which would reasonably be anticipated to materially adversely impact the interests of PBGC.
The Administrative Agent shall have received a commitment by the relevant insurance company to underwrite the IP Notes Financing.
The Administrative Agent shall have received evidence in form and substance satisfactory to the Administrative Agent that sufficient and timely progress has been made in respect of the IP Notes Financing.
The purchased assets would include (a) the go-forward retail footprint of approximately 425 stores and related real estate interests (including headquarters and distribution locations) and certain designation rights with regard to additional real estate interests, inventory, infrastructure and material related contracts and (b) Sears Auto Centers, Shop Your Way, Monark, Innovel, Sears Home Services (including the PartsDirect business unit), material related contracts and the KCD IP Notes.
Our proposed consideration for the KCD IP Notes is comprised of the assumption of the December 28, 2018 protection agreement liabilities currently reinsured by Sears Re. We also would be willing to acquire the underlying Kenmore and DieHard intellectual property directly from non-Debtor KCD IP, LLC for additional cash consideration.
The Company issued the Notes under an Indenture (IP Notes) dated as of September 25, 2020 (the “Indenture”) among the Company, the Parent, the Trustee and Wilmington Trust, National Association, as Collateral Agent.
Furthermore, our Going Concern Proposal contemplates our acquisition of all of the outstanding KCD IP Notes currently held by non-debtor Sears Reinsurance Company Ltd.
The proceeds of both the Bridge Notes and the IP Notes will be used to finance operations during the commencement of bankruptcy proceedings and to pay the costs of the bankruptcy.