Examples of New Sub Debt in a sentence
The New LLC Interests and New Sub Debt issued to the Senior Lenders on account of Class 2 Claims shall have a total value equal to the Converted Senior Lender Debt.
Administrative Agent shall have received an Officer's Certificate of Company stating that, after giving effect to the transactions described in this subsection 4.1F, the Indebtedness and unfunded credit facilities of Company and its Subsidiaries (other than Indebtedness and unfunded credit facilities under the Loan Documents and the New Sub Debt) shall consist of the aggregate principal amount of outstanding Indebtedness and commitments to lend described in Schedule 7.1 annexed hereto.
The amount of New LLC Interests and New Sub Debt that each Senior Lender will receive under the Plan is subject to adjustment based on each Senior Lender’s Allocation Election.
The New Sub Debt Indenture shall be in the form of Exhibit 4.1 to the Registration Statement of Company on Form S-3 (Registration No. 333-22521) filed with the SEC on February 28, 1997, as amended by Amendment No. 1 and Amendment No. 2 thereto, with such changes thereto, if any, that have been approved by Administrative Agent or that would otherwise have been permitted to be made pursuant to subsection 7.9 if the New Sub Debt were issued and outstanding at the time of any such change.
Each Holder of a Senior Lender Claim in Class 2 will receive on the Effective Date, in full and final satisfaction, settlement, release, and discharge of and in exchange for such Holder’s Senior Lender Claim, its Pro Rata Distribution of (a) New Senior Debt and (b) subject to the Allocation Election, (i) New LLC Interests and/or (ii) New Sub Debt.
The ability of a Senior Lender to receive additional New Sub Debt or additional New LLC Interests in accordance with its Allocation Election depends on additional New Sub Debt and/or additional New LLC Interests being eligible for Distribution as a result of another Senior Lender’s Allocation Election.
Prior to the Effective Date, the Plan Proponent shall allocate the New LLC Interests and New Sub Debt among the Senior Lenders in accordance with the preferences stated in the Allocation Elections.
Holdings and Company shall not designate any Indebtedness as "Designated Senior Debt" (as defined in the New Sub Debt Indentures or the Junior Subordinated Seller Notes) for purposes of the New Sub Debt Indentures or the Junior Subordinated Seller Notes without the prior written consent of Requisite Lenders.
By making an Allocation Election on its ballot, a Senior Lender may (a) opt out of receiving its Pro Rata Distribution of the New Sub Debt in order to receive, to the extent available, additional New LLC Interests or (b) opt out of receiving its Pro Rata Distribution of New LLC Interests in order to receive, to the extent available, additional New Sub Debt.
The exchange ratio of New Sub Debt to New LLC Interests for purposes of the Allocation Election shall be $1 of New Sub Debt for one New LLC Interest and vice versa.