Examples of Noteholder Creditors in a sentence
Affected Claims include the claims of the Secured Lenders, the Noteholder Creditors, the Applicants and the US Debtors; however no distribution will be made in respect of the unsecured claims of these creditors under the CCAA Plans.
The Senior Notes Claims receive a greater allocation due to the fact that the Senior Notes are jointly and severally guaranteed by 23 debtors of the SemGroup while in most instances only one SemGroup Debtor is liable with respect to each General Unsecured Claim, and the Noteholder Creditors have waived their right to, and shall not be entitled to, receive distributions provided for under and pursuant to the CCAA Plans.
As a result, the Secured Lenders and Noteholder Creditors shall be deemed to have waived their rights to, and shall not be entitled to, receive any distributions provided for under the CCAA Plans in respect of their unsecured claims.
As discussed above, the proposed Canadian Creditors’ Meeting Order contemplates that the votes of the Secured Lenders and the Noteholder Creditors entitled to vote for the SemGroup POR shall be deemed to be votes of the Secured Lenders and the Noteholder Creditors under the respective CCAA Plans.
For the purposes of calculating the value component of the Required Majority, each Ordinary Creditor is entitled to one vote at the Creditors’ Meeting and will have a voting claim equivalent to the value described above and the Secured Lenders and the Noteholder Creditors will have been deemed to vote in accordance with their votes in the SemGroup POR and will have a voting claim equivalent to the value described above.
At the date of this Report, the Monitor does not know what number of Noteholder Creditors would be entitled to vote for “head-count” purposes.
The Noteholder Creditor voting procedure under the SemGroup POR process is contained in the ‘ballots’ that are to be distributed to the identified Noteholder Creditors.
Ordinary Creditors are defined in each CCAA Plan as Creditors holding Affected Claims other than: a) the Claims of Secured Lenders, b) the Claims of Noteholder Creditors; c) the Claims of other Applicants; and d) the Claims of US Debtors..
The Monitor understands that each of the Noteholder Creditors will be entitled to a ‘vote’ (when counting the number of votes for “head count” purposes) and the value attributable to these votes will be based on the amounts recognized as proven claims of the Noteholder Creditors in the US Proceedings.
Under the proposed CCAA Plans, recoveries to the Secured Lenders in respect of their unsecured claims and recoveries to the Noteholder Creditors will be provided for under the SemGroup POR.