Examples of Junior Notes Claims in a sentence
Class 3 is Impaired and Holders of Class 3 Junior Notes Claims are entitled to vote to accept or reject the Plan.
This discussion is only for general information purposes and only describes the expected tax consequences to Hexion LLC, its U.S. subsidiaries and Holders of First Lien Notes Claims and Junior Notes Claims.
If the Restructuring Transactions are implemented in a manner that delays the choice between the Recapitalization Structure and the Alternative Structure until after the Effective Date, there may be tax consequences to U.S. Holders of First Lien Notes Claims and Junior Notes Claims.
While the total number of shares issued in connection with the Rights Offering and as distributions to Holders of First Lien Notes Claims and Junior Notes Claims has been fixed by the Debtors, the total number of shares of New Common Equity that will be issued and outstanding on the Effective Date has not yet been fixed.
This discussion assumes that Holders of First Lien Notes Claims and Junior Notes Claims have held such property as “capital assets” within the meaning of IRC section 1221 (generally, property held for investment) and will hold the New Common Equity and the Rights as capital assets.
See discussion below under “—U.S. Holders of First Lien Notes Claims and Junior Notes Claims (Classes 2 and 3)”.
See discussion below under “—U.S. Holders of First Lien Notes Claims and Junior Notes Claims (Classes 2 and 3)”.The Recapitalization Structure would not be expected to result in the Debtors recognizing any taxable gain or loss.
Fifth, while the Plan will not result in full payment of all First Lien Notes Claims or the Junior Notes Claims, it will provide those Holders with substantial recoveries which were the product of extensive negotiation between the Debtors and the Consenting Noteholders, who account for over 90 percent of all impaired creditors.
There can be no assurance that the IRS will not take a contrary position regarding the federal income tax consequences resulting from the consummation of the Plan or that any contrary position would not be sustained by a court.This discussion assumes that Holders of First Lien Notes Claims and Junior Notes Claims have held such property as “capital assets” within the meaning of IRC section 1221 (generally, property held for investment) and will hold the New Common Equity and the Rights as capital assets.
Subject to the conditions stated in the Plan (including, without limitation, the conditions stated in Section 8.3 of the Plan) and the Confirmation Order, Distributions that, but for the existence and enforceability of the foregoing subordination rights, would be made on account of Allowed Junior Notes Claims shall be made, in accordance with Section 11.8 of the Plan to the Senior Notes Indenture Trustees for distribution to the holders of Allowed Senior Notes Claims.