Examples of PIK Indenture in a sentence
On and after the Effective Date, all duties, responsibilities, or obligations of the Prepetition Term Loan Agent under the Prepetition Term Loan Agreement and the Indenture Trustee under the Prepetition Second Lien Indenture, the Prepetition Second Lien PIK Indenture, the Prepetition Intercreditor Agreement, and the Collateral Trust Agreement shall be fully discharged.
Any amendment or waiver of or supplement to or any change in the Mortgage Note Indenture or the PIK Indenture which is permitted by the terms of such Indenture to be accomplished without the consent of the Mortgage Noteholders or the PIK Noteholders, as the case may be.
The Partnership shall pay such distribution in cash not later than the 30th day following the applicable distribution date if, and to the extent, permitted by Sections 10.09 of the Mortgage Note Indenture, PIK Indenture and Senior Note Indenture.
The Additional Notes, upon authentication by a duly authorized signatory of the Trustee in accordance with the terms of the Second Lien PIK Indenture, will have been duly executed, issued and delivered by AMI, and when paid for in accordance with the terms of this Agreement, will be the valid and legally binding obligation of AMI, enforceable against AMI in accordance with their terms, subject to the Enforceability Exceptions, and entitled to the benefits provided by the Second Lien PIK Notes Indenture.
Thus, the Trustee’s claim that the EFIH Debtors’ repayment was an optional redemption must fail.27There is nothing in the PIK Indenture that would lead the Court to a different conclusion.
The PIK Trustee asserts that the acceleration clause language in the PIK Indenture differs from the First Lien Indenture – and these additional 9 words create the obligation to pay the make-whole upon acceleration.
If the EFIH Debtors repay the PIK Notes, such repayment would not be “optional” as the PIK Notes were accelerated under the terms of section 6.02 of the PIK Indenture.
Notwithstanding the foregoing provisions of this Section 7.11, a special vote of the Noteholder Representatives under Section 7.11.1 or 7.11.2 shall not be required to any action approved by the Mortgage Noteholders and the PIK Noteholders pursuant, respectively, to a meeting duly called under the Mortgage Note Indenture and the PIK Indenture and otherwise in accordance with the terms and provisions of such Indentures.
PIK Indenture Language: “Premium, If Any” As stated above, neither the Applicable Premium nor the Optional Redemption Price have been triggered under the terms of the PIK Indenture.
On September 14, 2018, PetroQuest, PQE, and TDC entered into a Forbearance Agreement with certain Holders of approximately $194,559,842 in aggregate principal amount (representing approximately 70.7% of the outstanding principal amount) of the Prepetition Second Lien PIK Notes whereby the Holders agreed to forbear from exercising their rights and remedies under the Prepetition Second Lien PIK Indenture or related security documents with respect to certain anticipated events of default.