Notes Deficiency Claim definition

Notes Deficiency Claim means the unsecured portion of any Claim against any of the Debtors under or evidenced by the Indenture or the Senior Secured Notes, including any guaranty obligations of the Debtors with respect to any of the foregoing. For the purposes of determining distributions under the Plan, the Notes Deficiency Claims, in the aggregate, shall be deemed Allowed Claims in an amount equal to $263,216,666.33 less the total Allowed Notes Secured Claims.
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Notes Deficiency Claim means the portion of a Note Claim that is not a secured claim under section 506(a) of the Bankruptcy Code.
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Notes Deficiency Claim means the portion of a Notes Claim that is unsecured pursuant to section 506(a) of the Bankruptcy Code.
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Examples of Notes Deficiency Claim in a sentence

  • Upon acceptance of the Plan by Class 5, all holders of Senior Secured Notes Claim shall be deemed to have agreed to forgo any distribution in respect of their Senior Secured Notes Deficiency Claim.

  • Upon acceptance of the Plan by Class 5, all holders of Senior Secured Notes Claim will be deemed to have agreed to forgo any distribution in respect of their Senior Secured Notes Deficiency Claim.

  • Holders of Prepetition 2021 Notes Deficiency Claims will waive, or will be deemed to have waived, any recovery or distribution on account of any Prepetition 2021 Notes Deficiency Claim; provided, however, for the avoidance of doubt, in addition to being permitted to vote in Class 3, Holders of Prepetition 2021 Notes Deficiency Claims shall be entitled to vote in Class 4 on account of such Claims.

  • In the event of the subsequent disallowance of any Disputed General Unsecured Claims, a holder of a previously Allowed Senior Secured Notes Claim (by reason of the related Senior Secured Notes Deficiency Claim) may have additional gain (if any) and/or imputed interest income in respect of its increased interest in the GUC Litigation Trust.

  • Each holder of an Allowed Senior Secured Notes Deficiency Claim shall receive its Pro Rata share of the Class 8 Distribution.

  • The Holders of Allowed Secured Notes Claims shall be deemed to waive their Secured Notes Deficiency Claim on the Effective Date.

  • On the Effective Date, each holder of an Allowed NPC First Lien Notes Deficiency Claim shall receive from the Disbursing Agent on account of its First Lien Notes Deficiency Claim its Pro Rata Share of the NPC Class 3B Litigation Trust Interests.

  • NPC Class 3B consists of the First Lien Notes Deficiency Claim against NPC.

  • Pursuant to section 510 of the Bankruptcy Code, the Plan Proponent and Reorganized Debtors, as applicable, reserve the right to reclassify any Allowed Claim or Allowed Interest, other than the Notes Secured Claim and the Notes Deficiency Claim in accordance with any contractual, legal, or equitable subordination relating thereto; provided, however, that any such reclassification must be approved by the Plan Proponent.

  • The Plan further provides that, for the avoidance of doubt, on the Effective Date, each holder of Unexchanged Notes shall be deemed to have waived its Notes Deficiency Claim.


More Definitions of Notes Deficiency Claim

Notes Deficiency Claim means the portion of any Notes Claim that is not Allowed under the Plan as a Secured Notes Claim, which Notes Deficiency Claims total in the aggregate $166,745,359.82 for purposes of the Plan.2
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Related to Notes Deficiency Claim

  • Deficiency Claim means any portion of a Claim (a) to the extent the value of the holder’s interest in Assets securing such Claim is less than the amount of such Claim or (b) to the extent the amount of a Claim is subject to setoff is less than the amount of the Claim, each as determined by § 506(a) of the Bankruptcy Code.

  • Deficiency Claim Amount has the meaning set forth in Section 5.5(a).

  • Deficiency Claim Date means, with respect to any Distribution Date, the fourth Business Day immediately preceding such Distribution Date.

  • Class C Deficiency Amount is defined in Section 4.1(c).

  • Collateral Deficiency Amount With respect to any AB Modified Loan as of any date of determination, the excess of (i) the Stated Principal Balance of such AB Modified Loan (taking into account the related junior note(s) included therein), over (ii) the sum of (in the case of a Loan Combination, solely to the extent allocable to the subject Mortgage Loan) (x) the most recent Appraised Value for the related Mortgaged Property or Mortgaged Properties, plus (y) solely to the extent not reflected or taken into account in such Appraised Value and to the extent on deposit with, or otherwise under the control of, the lender as of the date of such determination, any capital or additional collateral contributed by the related Mortgagor at the time the Mortgage Loan became (and as part of the modification related to) such AB Modified Loan for the benefit of the related Mortgaged Property or Mortgaged Properties (provided, that in the case of an Outside Serviced Mortgage Loan, the amounts set forth in this clause (y) will be taken into account solely to the extent relevant information is received by the Special Servicer), plus (z) any other escrows or reserves (in addition to any amounts set forth in the immediately preceding clause (y)) held by the lender in respect of such AB Modified Loan as of the date of such determination. The Certificate Administrator, the Master Servicer and the Operating Advisor (other than with respect to any Collateral Deficiency Amount calculations that the Operating Advisor is required to review, recalculate and/or verify pursuant to Section 3.29) shall be entitled to conclusively rely on the Special Servicer’s calculation or determination of any Collateral Deficiency Amount.

  • Class A Deficiency Amount is defined in Section 4.1(a).

  • Principal Deficiency Amount For any Distribution Date and for any Undercollateralized Group, the excess, if any, of the aggregate Class Certificate Principal Balance of such Undercollateralized Group immediately prior to such Distribution Date over the sum of the Principal Balances of the Mortgage Loans in the related Loan Group immediately prior to such Distribution Date.

  • Noteholder Claims means all Obligations in respect of the Notes or arising under the Noteholder Documents or any of them, including all fees and expenses of the Trustee thereunder.

  • Performing Note Deficiency means any time that less than 65% of the then aggregate outstanding principal amount of all Equipment Notes are Performing Equipment Notes.

  • DIP Claim means any Claim arising under, derived from or based upon the DIP Facility or DIP Orders, including the DIP Exit Backstop Premium and the guarantees in respect thereof under the DIP Facility Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising under or related to the DIP Facility.

  • Net Proceeds Deficiency shall have the meaning set forth in Section 6.4(b)(vi) hereof.

  • Senior Class Debt Representative has the meaning assigned to such term in Section 8.09.

  • Class B Deficiency Amount is defined in Section 4.1(b).

  • Second Lien Notes Trustee “Second Lien Noteholder”, “High Yield Agent”, “HY Borrower”, “High Yield Creditor”, “High Yield Lender”, “Unsecured Agent”, “Unsecured Borrower”, “Unsecured Creditor”, “Unsecured Lender”, “Security Agent”, “Security Grantor”, “Senior Agent”, “Senior Arranger”, “Senior Borrower”, “Senior Creditor”, “Senior Guarantor”, “Senior Lender”, “Senior Secured Notes Guarantor”, “Senior Secured Notes Issuer”, “Senior Secured Notes Trustee”, “Senior Secured Noteholder”, “Subordinated Creditor”, “Permitted Affiliate Parent” or the “Company” shall be construed to be a reference to it in its capacity as such and not in any other capacity;

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such 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 or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Class Debt has the meaning assigned to such term in Section 8.09.

  • Senior Notes Claim means a Claim arising under or as a result of the Senior Notes.

  • DIP Facility Claim means a Claim arising under or as a result of the DIP Facility.

  • Priority Claims means, collectively, Priority Tax Claims and Other Priority Claims.

  • Superpriority Claim means a claim against the Borrower and any Guarantor in any of the Cases which is an administrative expense claim having priority over any or all administrative expenses of the kind specified in Sections 503(b) or 507(b) of the Bankruptcy Code.

  • Additional Senior Class Debt has the meaning assigned to such term in Section 5.13.

  • Second Lien With respect to each Mortgaged Property, the lien of the mortgage, deed of trust or other instrument securing a Mortgage Note which creates a second lien on the Mortgaged Property.