Examples of IPCo Noteholders in a sentence
Only Term Lenders and IPCo Noteholders that are “accredited investors” (as defined in Rule 501(a) of Regulation D under the Securities Act) will be eligible to participate in the New Term Loans and thus receive the 4(a)(2) Securities.
The Term Lenders and IPCo Noteholders, including in their capacities as Consenting Support Parties under the TSA, agreed to forgo any adequate protection payments and have agreed to equitize their claims at a value less than the allowed amount thereof, which has enabled a distribution to unsecured creditors where such circumstances otherwise likely would not exist.
In particular, the Term Lenders and IPCo Noteholders have validly perfected liens and security interests, as described herein, on substantially all of the Debtors’ assets that requires that their claims be repaid in full before general unsecured creditors of the Loan Debtors and IPCo Debtors would be entitled to a distribution.
Thus, by theIPCo Collateral Valuation Motion, the Committee is seeking an order finding that (i) the secured portion of the IPCo Notes Claims does not exceed the IPCo Collateral Value Amount pursuant to section 506(a)(1) of the Bankruptcy Code and Bankruptcy Rule 3012 and (ii) any claimsasserted by the IPCo Noteholders in excess of the IPCo Collateral Value Amount are general unsecured claims against the IPCo Debtors.
Crew brand intellectual property, which serves as the primary collateral for the IPCo Noteholders.
The proposed $400 million DIP Facility is part of an overall scheme outlined in the TSA to shift value from unsecured creditors to both the substantially out-of-the- money Term Loan Lenders and the IPCo Noteholders facing litigation risk as to avoidance of their security interests.
In light of the record of these chapter 11 cases, the and the IPCo Noteholders, (vii) the Backstop Parties, (viii) the DIP Lenders, (ix) the DIP Agent, (x) the New Term Lenders, (xi) the New Term Agent, (xii) the Sponsors, and (xiii) the Related Parties for each of the foregoing.
Any distribution of DIP Lender Securities to the DIP Lenders should be viewed by the Court for what it is in practical effect -- as payment on account of the prepetition debts of the Term Lenders and the IPCo Noteholders, made to obtain their consent to the TSA, which should decrease the new equity allocations of the Term Lenders and the IPCo Noteholders as members of Class 4 and Class 5, respectively.
Under a cramdown, as demonstrated by the Committee’s evidence, the Plan distributions to the Term Lenders in Class 4 and the IPCo Noteholders in Class 5 would violate the “fair and equitable” requirement by overpaying claims in Classes 4 and 5 with value that should be distributed to general unsecured creditors.
The Plan, as amended on August 10, 2020, deviates from the prior Plan in that now the Debtors propose to take numerous Restructuring Transaction Steps including the creation of a NewCo Holdings, a limited liability company that will issue the New Common Equity to be distributed to the Term Lenders and the IPCo Noteholders, and a NewCo Entity Group, entities to be newly formed to implement the Restructuring Transaction Steps.