Examples of New Debt Instruments in a sentence
A U.S. Holder of a Pro Rata share of the New First Lien Exit Facility or the New Convertible Debt (the “New Debt Instruments”) will be required to include stated interest on such shares of the New Debt Instruments in income in accordance with the U.S. Holder’s regular method of accounting to the extent such stated interest is “qualified stated interest.” Stated interest is “qualified stated interest” if it is payable in cash at least annually.
Where stated interest payable on the Pro Rata shares of the New Debt Instruments is not payable at least annually (the “deferred” interest), such portion of the stated interest will be included in the determination of the OID on such Pro Rata shares of the loans (as set forth below).
The Debtors expect to take the position that the New Debt Instruments will be treated as issued for non-money property that is publicly-traded within the meaning of applicable tax regulations, and thus the “issue price” of the New Debt Instruments will equal their fair market value as of the Effective Date.
If a U.S. Holder does not elect to amortize the premium, that premium will decrease the gain or increase the loss such U.S. Holder would otherwise recognize on disposition of its interests in the New Debt Instruments.
A U.S. Holder of Pro Rata shares of the New Debt Instruments will not be separately taxable on any cash payments that have already been taxed under the OID rules, but will reduce its tax basis in the Pro Rata shares of such loans by the amount of such payments.
Each non-U.S. Holder should consult its own tax advisor regarding the possible impact of these rules on such non-U.S. Holder’s ownership of New Common Stock, Warrants, or New Debt Instruments.
Such U.S. Holder generally may elect to amortize the premium over the remaining term of the New Debt Instruments on a constant yield method as an offset to interest when includible in income under such U.S. Holder's regular accounting method.
If a U.S. Holder's initial tax basis in its interest in the New Debt Instruments exceeds the stated redemption price at maturity of such interest, such U.S. Holder will be treated as acquiring such interest in the New Debt Instruments with "bond premium" and will not be required to include OID, if any, in income.
A non-U.S. Holder that does not qualify for the portfolio interest exemption generally will be subject to withholding of U.S. federal income tax at a 30% rate (or at a reduced rate or exemption from tax under an applicable income tax treaty) on any interest payments under the New Debt Instruments and any other payments that are attributable to accrued interest.
Dr. Oldenburg presented Warrior Way t-shirts to board members in recognition of the new Warrior Way initiative in the district, and hope they would proudly wear them.