PIK Trustee definition

PIK Trustee means U.M.B. Bank, N.A., in its capacity as Indenture Trustee to the EFIH Senior Toggle Notes and/or the EFIH Unexchanged Notes, and any and all of its agents, advisors, employees, representatives, staff, attorneys, and all other persons or entities acting on its behalf or under its control.
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PIK Trustee means United States Trust Company of New York, as trustee under the PIK Indenture, and its successors and assigns, pursuant to which the PIK Notes were issued.
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PIK Trustee means United States Trust Company of New York (including its successors and assigns), as trustee under the PIK Indenture pursuant to which the PIK Notes were issued, and the fourth lienholder with respect to the Collateral (in accordance with the Intercreditor Agreement, as amended to date).
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Examples of PIK Trustee in a sentence

  • PIK Indenture On December 2, 2012, the EFIH Debtors, as issuers, and the PIK Trustee entered into an indenture (the “PIK Indenture”, as amended and supplemented) pursuant to which EFIH issued $1,144,770,000 aggregate principal amount PIK Notes.

  • The burden of persuasion is always on the claimant.8As the EFIH Debtors have rebutted the prima facie validity of the PIK Claim, the PIK Trustee must now prove the validity of the PIK Claim by a preponderance of the evidence.

  • 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.

  • The PIK Trustee also advances the argument that “premium, if any” must be “specific” because the Indenture would not contain two “catch all” provisions.

  • Thus, after acceleration, the PIK Trustee does not have a valid claim for either an Applicable Premium nor an Optional Redemption Price.CONCLUSION Thus, as stated above, the Court will sustain the Partial Objection and disallow the portion of the PIK Claim seeking an amount for “premiums, Applicable Premium, pre- payment penalties, make-whole premiums, [and/or] call premiums.”48 An order will be entered.

  • However, the PIK Trustee asserts that language in the acceleration provision provides for payment of a make-whole premium (in addition to principal, interest, etc.) upon automatic acceleration.

  • This Note may not be amended without the consent in writing of the Agent and the Senior Trustee and the PIK Trustee, so long as the Bank Debt, the Senior Subordinated Notes and the PIK Notes are outstanding, respectively.

  • This Note may not be amended without the consent in writing of the Agent and the Senior Trustee and the PIK Trustee and CMP, so long as the Bank Debt, the Senior Subordinated Notes and the PIK Notes and the CMP Debt are outstanding, respectively.

  • The Prepetition Second Lien Trustee and the Prepetition Second Lien PIK Trustee may transfer or direct the transfer of such distributions directly through the facilities of DTC (with the accompanying surrender of the Second Lien Notes Claims) and will be entitled to recognize and deal for all purposes under the Plan with DTC, on or as soon as practicable after the Effective Date, consistent with the customary practices of DTC.

  • PIK Trustee / Security Agent Fees:As agreed with the PIK Notes Trustee / PIK Security Agent.


More Definitions of PIK Trustee

PIK Trustee means _____________, a _________________, as trustee under the PIK Indenture until a successor replaces it and, thereafter, means the successor.
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Related to PIK Trustee

  • NIM Trustee The trustee for the NIM Securities.

  • Trustee means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.

  • Co-Trustee has the meaning set forth in the Basic Servicing Agreement.

  • Issuer Trustee means Montreal Trust Company of Canada and its successors.

  • Note A-4 Trustee means the trustee under the Note A-4 PSA.

  • Note A-3 Trustee means the trustee under the Note A-3 PSA.

  • Note A-1 Trustee means the trustee under the Note A-1 PSA.

  • Bond Trustee means the company designated as such in the preamble to these Bond Terms, or any successor, acting for and on behalf of the Bondholders in accordance with these Bond Terms.

  • indenture trustee or "institutional trustee" means the Trustee.

  • Note A-2 Trustee means the trustee under the Note A-2 PSA.

  • Delaware Trustee means, with respect to the Trust, the Person identified as the “Delaware Trustee” in the Trust Agreement, solely in its capacity as Delaware Trustee of the Trust under the Trust Agreement and not in its individual capacity, or its successor in interest in such capacity, or any successor Delaware Trustee appointed as therein provided.

  • Administrative Trustee means each of the Persons identified as an “Administrative Trustee” in the preamble to this Trust Agreement, solely in each such Person’s capacity as Administrative Trustee of the Trust and not in such Person’s individual capacity, or any successor Administrative Trustee appointed as herein provided.

  • Note Trustee means the Person identified as the “Trustee” in the Indenture, solely in its capacity as Trustee pursuant to the Indenture and not in its individual capacity, or its successor in interest in such capacity, or any successor Trustee appointed as provided in the Indenture.

  • Class C Trustee Class D Certificate" and "Class D Trust", shall have the respective meanings assigned to such terms in the Intercreditor Agreement.

  • Debenture Trustee means The Bank of New York, as trustee under the Indenture until a successor is appointed thereunder, and thereafter means such successor trustee.

  • Class A Trustee means the trustee for the Class A Pass Through Trust.

  • The Trustee s responsibility for disbursing the above information to the Certificateholders is limited to the availability, timeliness and accuracy of the information derived from the Master Servicer. By each Determination Date the Master Servicer shall provide to the Trustee in electronic form the information needed to determine the distributions to be made pursuant to Section 4.02 and any other information on which the Master Servicer and the Trustee mutually agree.

  • Property Trustee means the Person identified as the “Property Trustee” in the Trust Agreement, solely in its capacity as Property Trustee of the Trust under the Trust Agreement and not in its individual capacity, or its successor in interest in such capacity, or any successor Property Trustee appointed as therein provided.

  • U.S. Trustee means the Office of the United States Trustee for the District of Delaware.

  • Class B Trustee Class C Certificate", "Class C Certificateholder", "Class C Trust", "Class C Trustee", "Class D Certificate" and "Class D Trust", shall have the respective meanings assigned to such terms in the Intercreditor Agreement.

  • Collateral Trustee has the meaning set forth in the preamble.

  • Initial Trustee shall have the meaning defined in the preamble hereto.

  • Canadian Trustee means the Person named as the “Canadian Trustee” in the first paragraph of this Indenture until a successor Canadian Trustee shall have become such pursuant to the applicable provisions of this Indenture, and thereafter “Canadian Trustee” shall mean or include each Person who is then a Canadian Trustee hereunder; provided, however, that if at any time there is more than one such Person, “Canadian Trustee” as used with respect to the Securities of any series shall mean only the Canadian Trustee with respect to Securities of that series.

  • Senior Notes Trustee means Xxxxx Fargo Bank, National Association, together with its permitted successors and assigns.

  • Trust Agent means U.S. Bank, as Trust Agent under the Titling Trust Agreement.

  • Supplemental Interest Trust Trustee Xxxxx Fargo Bank, N.A., a national banking association, not in its individual capacity but solely in its capacity as supplemental interest trust trustee, and any successor thereto.