Lease Trustee definition
Examples of Lease Trustee in a sentence
For the avoidance of doubt, the Lease Trustee, DH, Dynegy Roseton and Dynegy Danskammer shall take all actions necessary to stay the Adversary Proceeding (and toll all pending dates in the Adversary Proceeding) pending the occurrence of the Settlement Effective Date or any prior termination of this Settlement Agreement.
Any distributions made to the Lease Trustee pursuant to Section II.d. of this Settlement Agreement shall be subject to, and shall be taken into account when determining, in all respects, the Lessor Recovery Cap.
For the avoidance of doubt, it is understood that in determining the amounts subject to the Lessor Recovery Cap, only proceeds of a Facilities sale received by the Lease Trustee for the benefit of the Lease Certificate Holders shall be included, and that any amounts that the Lease Trustee turns over to DH pursuant to Section II.d.(iv), clause second, of this Settlement Agreement shall not be taken into account in calculating the Lessor Recovery Cap.
No service charge will be made for any such registration of transfer or exchange, but the Lease Trustee or the Lease Trust Registrar may require payment of a sum sufficient to cover any tax or governmental charge payable in connection therewith.
The aggregate recovery of the Lease Trustee and the Lease Certificate Holders (exclusive of the amounts received on account of trustee and professional fees and expenses) on the Lessor Claims shall be capped at $571,507,840 (the “Lessor Recovery Cap”).
The Lease Trustee, the Lease Trust Registrar and any agent of the Lease Trustee or the Lease Trust Registrar may treat the Person in whose name this Lease Trust Certificate is registered as the owner hereof for all purposes, and none of the Lease Trustee, the Lease Trust Registrar or any such agent shall be affected by any notice to the contrary.
For the avoidance of doubt, all then current members of the Creditors’ Committee must be eligible to vote for any and all matters requiring the approval or consent of the Creditors’ Committee hereunder, other than any approval or consent required under Section II.d. hereof, solely with respect to which the vote of the Lease Trustee shall not be required under this Section III.r.
On the Settlement Effective Date, the Lease Trustee, DH, Dynegy Roseton and Dynegy Danskammer shall file a stipulation of dismissal, irrevocably and unconditionally dismissing the Adversary Proceeding with prejudice as to all parties and all claims and without costs to any party.
Other than any claims for trustee and professional fees in the Chapter 11 Cases as described herein or in the Plan Support Agreement, under no circumstances will the Lease Trustee or the Lease Certificate Holders be entitled to any administrative claims against DH, and the only claims of the Lease Trustee or the Lease Certificate Holders to be allowed as against DH shall be the Guaranty Claim.
The Lease Trustee may at any time deliver to the Indenture Trustee for cancellation any Senior Notes previously authenticated and delivered hereunder which the Lease Trustee may have acquired in any manner whatsoever, and all Senior Notes so delivered shall be promptly cancelled by the Indenture Trustee.