Examples of Prepetition Notes Documents in a sentence
All Liens and security interests granted to secure the obligations arising under the Prepetition 2021 Notes Documents shall survive the Effective Date, shall not be discharged or released pursuant to the Plan or the Confirmation Order and continue to secure the obligations under the Amended Prepetition Notes Documents.
For the avoidance of doubt, this Agreement does not amend, restate, modify or supplement the Prepetition Notes Documents.
On the Effective Date, the Amended Prepetition Notes Documents shall constitute legal, valid, binding and authorized joint and several obligations of the Reorganized Debtors, enforceable in accordance with their terms and such obligations shall not be enjoined or subject to discharge, impairment, release, avoidance, recharacterization or subordination under applicable law, the Plan or the Confirmation Order.
For the avoidance of doubt and notwithstanding anything to the contrary herein, the Final Order, or the Prepetition Notes Documents, the Carve-Out shall be senior to all liens and claims securing the Prepetition Collateral, any Adequate Protection Liens, any claim under section 507(b) provided under this Interim Order and/or the Final Order, and any and all other forms of adequate protection, liens, or claims securing the Prepetition Obligations.
Nothing in this Interim Order vests or confers on any person (as defined in the Bankruptcy Code), including any Committee appointed in these Chapter 11 Cases, if any, standing or authority to pursue any Claim or Defense or other cause of action belonging to the Debtors or their estates with respect to the Prepetition Notes Documents or the Prepetition Secured Obligations.
Pursuant to section 1141(d)(4) of the Bankruptcy Code, the Debtors and the Reorganized Debtors have waived any discharge of the Claims and obligations arising under the Prepetition 2021 Notes Indenture as modified by the Amended Prepetition Notes Documents.
For the avoidance of doubt, notwithstanding anything in the Plan or the Confirmation Order to the contrary, this Section VIII.D shall not apply to the Liens securing the Prepetition 2021 Notes, which shall continue to be secured by all existing Liens and other security interests granted under the Prepetition 2021 Notes Documents as amended by the Amended Prepetition Notes Documents.
The delay or failure to exercise rights and remedies under this Interim Order or the Prepetition Notes Documents shall not constitute a waiver of the Prepetition Trustee’s or the Prepetition Secured Noteholders’ rights thereunder or otherwise.
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Except for the foregoing, subsequent to the performance by the Prepetition Trustee of its obligations pursuant to the Plan, the Prepetition Trustee and its agents shall be relieved of all further duties and responsibilities related to the Prepetition Notes Documents.