Prepetition Lender Deficiency Claims definition

Prepetition Lender Deficiency Claims means, collectively, the Unsecured portion of the Prepetition Loan Facility Claims representing the difference between the total amount of the Prepetition Loan Facility Claims and the Prepetition Lender Secured Claims, which Deficiency Claims shall not be less than $5,000,000, for purposes of voting on this Plan and Plan Distributions upon Class 4 Claims.
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Prepetition Lender Deficiency Claims means, collectively, the unsecured portion of the Prepetition Loan Agreement Claims representing the difference between the total amount of the Prepetition Loan Agreement Claims and the Prepetition Lender Secured Claims.
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Prepetition Lender Deficiency Claims means the sum of (i) the Claims of the Prepetition Lender arising under the Prepetition Facility, but excluding the Prepetition Lender Claims, and (ii) all Claims by the Prepetition Lender for unsecured advancements made by the Prepetition Lender to the Debtors prior to the Petition Date.
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Examples of Prepetition Lender Deficiency Claims in a sentence

  • Each Holder of an Allowed Class 3 General Unsecured Claim shall receive its Pro Rata share of (determined exclusive of Prepetition Lender Deficiency Claims but inclusive of the Class 4 Claims and in each case without interest) of (i) the beneficial interests in the Falcon Creditors Trust and (ii) the Class 3 Warrant Share.

  • Each Prepetition Lender shall retain in full its Prepetition Lender Deficiency Claims for purposes of recovery and distributions provided for with respect to Class 4 Claims.

  • Debtors submit that the Holder of the Prepetition Lender Deficiency Claims will receive no value attributable to the Warrants (given the issuance of the New Equity Interests), and with respect to the Prepetition Lender Trust Contribution, such Creditors Trust Beneficial Interests to be received on account of the Class 4 Plan Distribution should be considered received as a conduit for and on behalf of the Holders of Allowed Class 3 Claims.

  • To determine (i) the amount of the Class 1 Prepetition Lender Claims (under Section 506(a)) and (ii) the amount of the aggregate Prepetition Lender Deficiency Claims, the Debtors have engaged Seaport to prepare a valuation analysis in Exhibit G to this Disclosure Statement (“Valuation Analysis”).

  • It had a national and an international environmental policy; but had no need of a European environmental policy.

  • Each Prepetition Lender shall for purposes of determining the Class 3 Class Distribution, only, waive any recovery or distribution as Holders of Class 3 Claims on account of (but not voting rights in respect of) its Class 3 Prepetition Lender Deficiency Claims.

  • Holders of Trade Claims shall receive their Pro Rata Share (determined exclusive of Prepetition Lender Deficiency Claims, the Prepetition Lender Adequate Protection Claim, Class 3 Claims and Class 4 Claims and in each case without interest) of the Class 2 Cash Distribution Amount ($500,000).

  • The Prepetition Lender Deficiency Claims will be Allowed Claims in the aggregate amount of $1,551,063,591.57 less the amount of the Allowed Prepetition Lender Secured Claims and less all payments made subsequent to the Commencement Date in respect of the Prepetition Lender Claims, not subject to offset, defense, counterclaim, reduction, subordination, disallowance or credit of any kind whatsoever.

  • Class 2 consists of all Allowed Unsecured Claims against each Debtor, including the Prepetition Lender Deficiency Claims.

  • If this section 3.03(b)(iii) applies, the Prepetition Agent and the Prepetition Lenders shall waive any right to recovery on account of the Prepetition Lender Deficiency Claims and the Prepetition Lender Adequate Protection Claim.


More Definitions of Prepetition Lender Deficiency Claims

Prepetition Lender Deficiency Claims means the sum of (i) that portion of the Prepetition Lender Claim that exceeds the value of the collateral securing such Claims, and (ii) all Claims by the Prepetition Lender for advancements made by the Prepetition Lender to the Debtors to protect the collateral securing the Prepetition Facility.
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Prepetition Lender Deficiency Claims means the portion of the Prepetition Lender Claims that are General Unsecured Claims against Camelot pursuant to Section 506(a) of the Bankruptcy Code.
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Related to Prepetition Lender Deficiency Claims

  • Prepetition Lenders means the Persons identified as "Lenders" under the Prepetition Credit Agreement, in their capacities as lenders under the Prepetition Credit Agreement, together with their successors and permitted assigns.

  • 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).

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

  • 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.

  • Senior Lender Claims means (a) the principal of all Indebtedness outstanding under one or more of the Senior Lender Documents to the extent not prohibited by the Indenture (as in effect on the date hereof), and (b) all other Obligations not constituting principal of Indebtedness of any Obligor under the Senior Lender Documents, including, without limitation, all claims under the Senior Lender Documents for interest, fees, expense reimbursements, indemnification and other similar claims. Senior Lender Claims shall include all interest accrued or accruing (or which would, absent the commencement of an Insolvency or Liquidation Proceeding, accrue) after the commencement of an Insolvency or Liquidation Proceeding in accordance with and at the rate specified in the Senior Credit Agreement whether or not the claim for such interest is allowed as a claim in such Insolvency or Liquidation Proceeding. To the extent any payment with respect to the Senior Lender Claims (whether by or on behalf of any Obligor, as proceeds of security, enforcement of any right of setoff or otherwise) is declared to be fraudulent or preferential in any respect, set aside or required to be paid to a debtor in possession, trustee, receiver or similar Person, then the obligation or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding as if such payment had not occurred. Notwithstanding anything to the contrary contained in the first sentence of this definition, any principal Indebtedness (including reimbursement obligations for drawn or undrawn letters of credit) incurred under the Senior Credit Agreement shall constitute a "Senior Lender Claim" (whether or not such Indebtedness is at any time determined not to have been permitted to be incurred under the Indenture), to the extent, after giving effect to such incurrence, the aggregate principal amount of Indebtedness outstanding under the Senior Credit Agreement does not exceed $15,000,000 (less any prior permanent reductions in the Revolving Loan Commitment).

  • Prepetition Loan Documents means the “Loan Documents” as defined in the Prepetition Credit Agreement, in each case as amended, supplemented, or modified from time to time prior to the Petition Date.

  • Term Loan Claims means the Claims arising in respect of the term facility under the Credit Agreement.

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

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

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

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

  • Administrative Claims means (i) Claims that have been timely filed before the Administrative Claim Bar Date, pursuant to the deadline and procedure 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), (ii) Twenty Day Claims, and (iii) Claims timely asserted for stub rental payments under the Debtors’ leases. Any fees or charges assessed against the Estates 1 All capitalized terms not otherwise defined herein shall be subject to the definition of such capitalized terms in Article I.A. hereof. under section 1930 of chapter 123 of title 28 of the United States Code are excluded from the definition of Administrative Expense Claim and shall be paid in accordance with Article V.M of the Plan. Notwithstanding anything to the contrary herein, 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 Loans means the “Loans” (or any comparable term) as defined in the First Lien Credit Agreement.

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

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

  • 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.

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

  • DIP means (1) the debtor in possession in a chapter 11 case in which no trustee has been appointed and is serving, and (2) the debtor in possession in a chapter 12 case in which the debtor has not been removed under §1204 without reinstatement.

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

  • Prepetition Collateral means the collateral securing the Prepetition BP Secured Claim, including, without limitation, the Posted Collateral.

  • First Lien Notes means the 8.000% first lien secured notes due April 1, 2027, issued by Frontier pursuant to the First Lien Notes Indenture.

  • First Lien With respect to any second lien Mortgage Loan, the mortgage loan relating to the corresponding Mortgaged Property having a first priority lien.

  • Subordination Deficiency With respect to any Distribution Date, the excess, if any, of (a) the Specified Subordinated Amount applicable to such Distribution Date over (b) the Subordinated Amount applicable to such Distribution Date.

  • 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.