Examples of Lease Guaranty Claims in a sentence
Article XV of the Subordinated Notes Indenture shall not be enforced and Allowed Subordinated Notes Claims shall not be subordinated to Senior Notes Claims, Lease Guaranty Claims, or any other General Unsecured Claim, solely with respect to the right to receive Plan Distributions under Section 4.1(c) of the Plan, and any and all such rights to enforce such subordination for Plan Distributions under Section 4.1(c) of the Plan are settled, compromised, and released pursuant to the Plan.
Upon the occurrence of the Effective Date, the Claims of the Indenture Trustees shall be, for all purposes under the Plan, including, without limitation, the right to receive Plan Distributions, substituted for all Claims of individual holders of Allowed Senior Notes Claims, Allowed Subordinated Notes Claims, and Allowed Lease Guaranty Claims, as applicable.
The Disbursing Agent may cause all Cash Plan Distributions in respect of the Senior Notes Claims, Subordinated Notes Claims and Lease Guaranty Claims to be paid (i) to the applicable Indenture Trustee or (ii) with the prior written consent of the applicable Indenture Trustee, through DTC for payment to the holders of such Claims similar to the manner in which DH previously made payments with respect to the Senior Notes and Subordinated Notes.
Upon the occurrence of the Effective Date, the Claims of the Indenture Trustees shall be, for all purposes under the Plan, including, without limitation, the right to receive PlanDistributions, substituted for all Claims of individual holders of Allowed Senior Notes Claims, Allowed Subordinated Notes Claims, and Allowed Lease Guaranty Claims, as applicable.
Except as provided in Section 9.10, all Plan Distributions to holders of Allowed Senior Notes Claims, Allowed Subordinated Notes Claims or Allowed Lease Guaranty Claims shall only be made to such holders after the surrender by each such holder of the certificates representing such Claim, or in the event that such certificate is lost, stolen, mutilated or destroyed, upon the holder’s compliance with the requirements set forth in Section 9.10.
DH or Dynegy may waive the Lease Condition Precedent; provided that to the extent the Lease Guaranty Claims are Allowed or estimated in an amount that exceeds $400.0 million, DH or Dynegy may not waive such condition without the prior written consent of the Requisite Consenting Noteholders.
If the Lease Guaranty Claims are Allowed or estimated as set forth in the Chapter 11 Plan in an aggregate amount that exceeds $300.0 million and the Lease Condition Precedent (as defined below) is waived as set forth below and in accordance with Section 12.3 of the Chapter 11 Plan, the aggregate principal amount of notes shall be increased by an amount to be determined for everyFINALdollar such claims exceed $300.0 million.
If the Lease Guaranty Claims are Allowed or estimated as set forth herein in an aggregate amount that is less than $300,000,000, the aggregate principal amount of Plan Secured Notes to be issued pursuant to the Plan shall be reduced by an amount to be determined for every dollar such Lease Guaranty Claims are less than $300,000,000.
Consistent with Bankruptcy Rule 3003(c), the Disbursing Agent shall recognize a Proofof Claim filed by an Indenture Trustee in respect of any Allowed Senior Notes Claims, Allowed Subordinated Notes Claims (but subject to Section 8.4(b) hereof), and Allowed Lease Guaranty Claims for purposes of Plan Distributions.
Any reduction pursuant to this paragraph shall occur following any adjustment in the principal amount of notes described in the immediately succeeding paragraph.If the Lease Guaranty Claims are Allowed or estimated as set forth in the Chapter 11 Plan in an aggregate amount that is less than $300.0 million, the aggregate principal amount of notes shall be reduced by an amount to be determined for every dollar such claims are less than $300.0 million.