Miscellaneous Secured Claim means a Claim, other than a Senior Secured Noteholder Claim, (a) that is secured by a Lien on property in which an Estate has an interest, which Lien is valid, perfected and enforceable under applicable law or by reason of a Final Order, or (b) that is subject to setoff under section 553 of the Bankruptcy Code and such right of setoff has been asserted by the holder of such right prior to the Confirmation Date in a properly filed motion for relief from the automatic stay, to the extent of the value of the Claimholder’s interest in the Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code.

Miscellaneous Secured Claim means any Secured Claim other than the DIP Facility Claim, the Prepetition Revolving Secured Claim, the Prepetition Term Secured Claim, and the Liberty Mutual Secured Claim whether by operation of law, contract or otherwise, but solely to the extent of the value, as of the Effective Date, or such other date as is established by the Bankruptcy Court, of such security interest or lien after giving effect to all security interests or liens senior in priority.

Examples of Miscellaneous Secured Claim in a sentence

To the extent that the Holder of an Allowed Miscellaneous Secured Claim also holds an Unsecured Claim pursuant to Bankruptcy Code section 506(a) on account of such Allowed Miscellaneous Secured Claim, such Unsecured Claim constitutes a Deficiency Claim that will be separately classified as a Class 7 General Unsecured Claim.
Although styled as a single class, Class 5 shall contain separate subclasses for each Miscellaneous Secured Claim.
Miscellaneous Secured Claim Against the Aztec Limited Partnership Debtors.
Each holder of an Allowed Miscellaneous Secured Claim will be placed in a separate subclass, and each subclass will be treated as a separate class for distribution purposes.
Nothing in this Plan shall be construed as a limitation on, or waiver of, any party’s right to object to the Allowance of a Miscellaneous Secured Claim under section 502(a) of the Bankruptcy Code or otherwise.

More Definitions of Miscellaneous Secured Claim

Miscellaneous Secured Claim means any Secured Claim other than an Aircraft Secured Claim, the GECC 2001 Financing Claim or a Claim arising under the DIP Facility. Miscellaneous Secured Claims shall include Claims secured by liens junior in priority to existing liens, whether by operation of law, contract or otherwise, but solely to the extent of the value, as of the Effective Date, or such other date as is established by the Bankruptcy Court, of such Claimholder’s interest in the Estates’ interest in property of the Estates after giving effect to all security interests or liens senior in priority.

Miscellaneous Secured Claim means any Allowed Claim that is a Secured Claim other than the SunTrust Claim.

Miscellaneous Secured Claim means a Claim, other than a Secured Tax Claim or a Secured Tool Vendor Claim, that is (a) secured by a Lien on property in which a Debtor's Estate has an interest or (b) subject to setoff under Bankruptcy Code section 553 and such right of setoff has been asserted by the holder of such right in a timely filed Proof of Claim, or prior to the Confirmation Date in a properly filed motion for relief from the automatic stay, to the extent of the value of the Claimholder's interest in the applicable Estate's interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to Bankruptcy Code section 506(a) or, in the case of setoff, pursuant to Bankruptcy Code section 553; provided, however, that the rightof any Debtor or the Liquidating Trustee, as applicable, to object to the validity of any asserted right of setoff shall be preserved.

Miscellaneous Secured Claim means any Secured Claim other than a

Miscellaneous Secured Claim means any Secured Claim other than a DIP Financing Claim or a Prepetition Credit Agreement Secured Claim.

Miscellaneous Secured Claim means a Secured Claim not classified in Class 4 under this Plan.