Examples of Prepetition Secured Notes Claim in a sentence
For a Holder of an Allowed Prepetition Secured Notes Claim that is also a Holder of a Gibson Holdings Claim relating to the same underlying note or instrument giving rise to the Allowed Prepetition Secured Notes Claim, such “other property” is expected to include the Profits Interest received in exchange for the Holder’s Gibson Holdings Claim.
The New Common Stock in Reorganized Gibson issued pursuant to the Plan in exchange for the DIP Facility Claims, the DIP Backstop Premium, the Exit Premium, and the Allowed Class 5 Prepetition Secured Notes Claim, shall be exempt from any registration requirements under any securities laws to the fullest extent permitted by section 4(a)(2) of the Securities Act and Rule 506 of Regulation D promulgated thereunder and by Section 1145 of the Bankruptcy Code.
Whether and the extent to which a Holder of an Allowed Prepetition Secured Notes Claim recognizes gain or loss as a result of the exchange of its Claim for New Common Stock depends on whether the New Common Stock and the debt underlying the Claim surrendered are treated as “securities” (as discussed above) for purposes of the reorganization provisions of the Tax Code.
On the Effective Date, each Holder of an Allowed Class 5 Prepetition Secured Notes Claim shall receive from the Distribution Agent its Pro Rata share of New Common Stock, in full and final satisfaction, settlement, discharge and release of, and in exchange for its Allowed Class 5 Prepetition Secured Notes Claim, in accordance with the Plan and pursuant to the Prepetition Indenture.
In that case, each U.S. Person holding an Allowed Prepetition Secured Notes Claim should generally recognize gain or loss equal to the difference between (1) the fair market value of the New Common Stock (other than the value received for Accrued Interest, as discussed below), and (2) the U.S. Person’s adjusted tax basis in its Claim, as described above.
Any gain recognized by a U.S. Person on a taxable disposition of an Allowed Prepetition Secured Notes Claim that was acquired with a market discount should be treated as ordinary income to the extent of the market discount that accrued thereon while such Claims were considered to be held by the U.S. Person, unless the U.S. Person elected to include the market discount in income as it accrued.
Under the “market discount” provisions of sections 1276 through 1278 of the Tax Code, some or all of any gain recognized by a U.S. Person holding an Allowed Prepetition Secured Notes Claim or Gibson Holdings Claim (as applicable) may be treated as ordinary income (instead of capital gain), to the extent of the amount of accrued market discount on the note or instrument underlying such Claim.
In a Reorganization, a U.S. Person’s aggregate initial tax basis in New Common Stock acquired in exchange for Allowed Prepetition Secured Notes Claim should be equal to such U.S. Person’s aggregate adjusted basis in the notes or instruments underlying such Claims, increased by any gain or interest income, if any, realized from the exchange.
A U.S. Person’s holding period in such notes and shares should include the holding period of the exchanged notes or instruments underlying the Allowed Prepetition Secured Notes Claim, except to the extent of any exchange consideration received in respect of Accrued Interest.
The dynamic test according to NEN 5096 is considered not applicable and therefore left out.On the one hand this is because the dynamic test chiefly tests the resistance of doors or windows and their frames, on the other hand because experience has taught us that the strength- requirements for building hardware, that are also part of NEN 5089 or the European product standards it refers to, means the products are up to the task.