Prepetition Lender Claim Settlement definition

Prepetition Lender Claim Settlement means that certain good-faith compromise and settlement, by and between the Debtors and the Prepetition Lender, granting the Prepetition Lender Allowed Claims in the aggregate amount of $[381,284,678], which Allowed Claims shall, for the avoidance of doubt, fully and finally satisfy, settle, release, and discharge all Prepetition Credit Agreement Claims held by the Prepetition Lender, in accordance
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Prepetition Lender Claim Settlement means that certain good-faith compromise and settlement, by and between the Debtors and the Prepetition Lender, granting the Prepetition Lender Allowed Claims in the aggregate amount of $357,895,851, which Allowed Claims shall, for the avoidance of doubt, fully and finally satisfy, settle, release, and discharge all Prepetition Credit Agreement Claims held by the Prepetition Lender, in accordance with the terms of, and as more fully set forth in, the Plan; provided, however, that the Debtors and the Prepetition Lender agree that all Prepetition Credit Agreement Claims held by the Prepetition Lender shall be deemed Unimpaired pursuant to the Plan and otherwise treated in accordance with the terms of the Plan, including Article III.B.3 of the Plan.
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Examples of Prepetition Lender Claim Settlement in a sentence

  • For the avoidance of doubt, and notwithstanding anything to contrary in the Plan, the Confirmation Order, or any other Order of the Bankruptcy Court, all Prepetition Credit Agreement Claims against the Reorganizing Debtors held by the Prepetition Lender shall be Allowed in accordance with the Prepetition Lender Claim Settlement.

  • For the avoidance of doubt, and notwithstanding anything to the contrary in the Plan, the Confirmation Order, or any other Order of the Bankruptcy Court, the Prepetition Lender and the Reorganizing Debtors agree that all Prepetition Credit Agreement Claims against the Reorganizing Debtors held by the Prepetition Lender shall be deemed Unimpaired pursuant to the Plan and treated in accordance with the terms of this Article III of the Plan and the Prepetition Lender Claim Settlement.

  • For the avoidance of doubt, and notwithstanding anything to contrary in the Plan, the Confirmation Order, or any other Order of the Bankruptcy Court, all Prepetition Credit Agreement Claims against the Liquidating SPE Debtors held by the Prepetition Lender shall be Allowed in accordance with the Prepetition Lender Claim Settlement.

  • The entry of the Confirmation Order shall constitute the Bankruptcy Court’s approval of the compromise or settlement of all such Claims, Interests, Causes of Action, and controversies, as well as a finding by the Bankruptcy Court that such compromise or settlement, including the Prepetition Lien and Claim Investigations Settlement and the Prepetition Lender Claim Settlement, is in the best interests of the Debtors, their Estates, and Holders of Claims and Interests and is fair, equitable, and reasonable.

  • The Debtor Release is a key component of the Prepetition Lien and Claim Investigations Settlement, the Prepetition Lender Claim Settlement, the Liquidating SPE Debtors’ Settlement, the CBRE Settlement, and the comprehensive settlement implemented under the Plan.

  • The entry of the Confirmation Order shall constitute the Bankruptcy Court’s approval of the compromise or settlement of all such Claims, Interests, Causes of Action, and controversies, as well as a finding by the Bankruptcy Court that such compromise or settlement, including the Prepetition Lien and Claim Investigations Settlement, and the Prepetition Lender Claim Settlement is in the best interests of the Debtors, their Estates, and Holders of Claims and Interests and is fair, equitable, and reasonable.

  • The Prepetition Lien and Claim Investigations Settlement, the Prepetition Lender Claim Settlement, the Liquidating SPE Debtors’ Settlement, and the CBRE Settlement (collectively, the “ Settlements”) provide for a comprehensive, consensual resolution to theseChapter 11 Cases, are integral to the Plan, and are fair, reasonable, equitable, and in the best interests of the Debtors, their Estates, and all parties in interest in the Chapter 11 Cases.

Related to Prepetition Lender Claim Settlement

  • Prepetition Lenders means those lenders party to the Prepetition Credit Agreement from time to time.

  • DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.

  • First Lien Lenders means the “Lenders” under and as defined in the First Lien Credit Agreement.

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

  • Term Loan Claims means any Claim on account of, arising under, derived from, or based upon the Term Loan Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising thereunder or related thereto.

  • Settlement Lien means any Lien relating to any Settlement or Settlement Indebtedness (and may include, for the avoidance of doubt, the grant of a Lien in or other assignment of a Settlement Asset in consideration of a Settlement Payment, Liens securing intraday and overnight overdraft and automated clearing house exposure, and similar Liens).

  • Second Lien Lenders means the “Lenders” under and as defined in the Second Lien Credit Agreement.

  • DIP Lenders has the meaning assigned to such term in Section 2.05(b).

  • Prepetition Credit Agreement has the meaning specified in the recitals hereto.

  • 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.

  • 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.

  • Prepetition means arising or accruing prior to the Petition Date.

  • Prepetition Loan Documents means the “Loan Documents” as defined in the Prepetition Credit Agreement.

  • Administrative Claims means Claims that have been filed timely and properly before theAdministrative Claims Bar Date set forth in the Confirmation Order (except as otherwise provided by a separate order of the Bankruptcy Court), for costs and expenses of administration under sections 503(b), 507(b), or 1114(e)(2) of the Bankruptcy Code, including, without limitation: the actual and necessary costs and expenses incurred after the Petition Date of preserving the Estates and operating the businesses of the Debtors (such as wages, salaries or commissions for services and payments for goods and other services and leased premises). Any fees or charges assessed against the Estates under section 1930 of chapter 123 of title 28 of the United States Code are excluded from the definition of Administrative Claims and shall be paid in accordance with Article V.N of the Plan. Notwithstanding anything to the contrary in this Plan, the filing of an Administrative Claim shall not be required in order to receive payment for any tax liability described in sections 503(b)(1)(B) and (C) in accordance with section 503(b)(1)(D) of the Bankruptcy Code.

  • First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.

  • Prepetition Secured Parties means the “Secured Parties” under, and as defined in, the Prepetition Credit Agreement, in each case as amended, modified or supplemented through the Petition Date.

  • Second Lien Noteholders means the holders of Second Lien Notes.

  • Administrative Expense Claim means any right to payment constituting a cost or expense of administration of the Chapter 11 Cases under sections 503(b) and 507(a)(2) of the Bankruptcy Code including, without limitation, (a) any actual and necessary costs and expenses of preserving the Estates, (b) all compensation and reimbursement of expenses to the extent Allowed by the Bankruptcy Court under section 330 or 503 of the Bankruptcy Code, (c) any fees or charges assessed against the Estates under section 1930 of chapter 123 of Title 28 of the United States Code, (d) all Claims arising under section 503(b)(9) of the Bankruptcy Code, and (e) the Prepetition Lenders Adequate Protection Claims.

  • Additional First Lien Obligations means, with respect to any Series of Additional First Lien Obligations, (a) all principal of, and interest (including, without limitation, any interest which accrues after the commencement of any Bankruptcy Case, whether or not allowed or allowable as a claim in any such proceeding) payable with respect to, such Additional First Lien Obligations, (b) all other amounts payable to the related Additional First Lien Secured Parties under the related Additional First Lien Documents and (c) any renewals of extensions of the foregoing.

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.

  • Administrative Claim means a Claim for costs and expenses of administration of the Estates under sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date of preserving the Estates and operating the businesses of the Debtors; (b) Allowed Professional Fee Claims in the Chapter 11 Cases; and (c) all fees and charges assessed against the Estates under chapter 123 of title 28 of the United States Code, 28 U.S.C. §§ 1911-1930.

  • DIP Lender means a lender under the DIP Facility.

  • First Lien Term Loans means the “Term Loans” (or any comparable term) as defined in the First Lien Credit Agreement.

  • First Lien Credit Agreement has the meaning set forth in the recitals hereto.

  • Prepetition Collateral shall have the meaning provided in Section 3.1(b).

  • First Lien Loan A Mortgage Loan secured by a first lien Mortgage on the related Mortgaged Property.