Examples of New Secured Note in a sentence
As soon as reasonably practicable after the Effective Date, the Reorganized Debtor shall issue the New Class 5 Secured Note to the New Secured Note Indenture Trustee for the benefit of all holders of Allowed Secured Note Claims.
The registered holder of a New Secured Note (each, a “Holder” and, collectively, the “Holders”) will be treated as the owner of it for all purposes.
A holder of a New Secured Note or Working Capital Loan shall not be permitted to assign all or any portion of its New Secured Notes or Working Capital Loans, as applicable, to any Person or entity that is acting in the capacity of a “vulture fund.” The Exit Credit Facility Administrative Agent shall make the determination whether or not a Person is acting in the capacity of a “vulture fund” for this purpose.
It acknowledges that the Company, the New Secured Note Trustee and others will rely upon the truth and accuracy of the foregoing acknowledgments, representations and agreements and agrees that if any of the acknowledgments, representations or agreements deemed to have been made by its exchange of Existing Notes are no longer accurate, it shall promptly notify the Company and the New Secured Note Trustee.
Any gain or loss generally will be capital gain or loss (subject to the market discount rules discussed below), unless the New Secured Note is subject to the Contingent Payment Regulations and is sold or otherwise disposed of when there are remaining contingent payments due on the note under the projected payment schedule.
The interest rate of such New Secured Notes shall be retroactively increased by an additional 1.50% per annum during the period in which an Asset Coverage Noncompliance Period exists if a Default or Event of Default in relation a financial covenant under the New Secured Note Indenture has occurred with respect to the Fiscal Quarter immediately following the commencement of the applicable Asset Coverage Noncompliance Period.
In the event that a change in tax law or regulation or the interpretation thereof results in the Issuer being required to pay a tax gross up in respect of an affected New Secured Note and the Issuer cannot avoid any such payment obligation by taking reasonable measures available to it, the affected New Secured Notes will be redeemable by the Issuer at an amount equal to par plus accrued and unpaid interest to (but excluding) the redemption date.
The balance of the accrued interest owed on the Wohl Secured Claims will be treated as a general unsecured Claim in Class 3.1 under the New Secured Note option.
A New Secured Note in principal amount equal to the unredeemed portion of the original New Secured Note will be issued in the name of the Holder thereof upon cancellation of the original New Secured Note.
None of the Existing Public Note Indenture Trustee, New Secured Note Trustee or their respective professionals shall be required to file any application or request for payment with the Court, and no approval by the Court of the payment of such fees and expenses shall be required.