Examples of Second Lien Deficiency in a sentence
The Second Lien Claims shall be Allowed in the aggregate amount of $153.2 million, with $50 million of such Allowed Claims to be treated as Secured Second Lien Claims and $103.2 million to be treated as Second Lien Deficiency Claims.
All parties (including the Debtors or the Reorganized Debtors, as the case may be, the Creditor Trust Administrator, and holders of Allowed Second Lien Deficiency Claims, and Allowed General Unsecured Claims) shall execute any documents or other instruments as necessary to cause title to the applicable assets to be transferred to the Creditor Trust.
As part of the global settlement resolving the claims of and against the holders of Second Lien Claims, the holders of Second Lien Claims agree that they will not receive any distribution on account of their Allowed Second Lien Deficiency Claims (including any turnover from the holders of Subordinated Notes Claims).
The Class 6 Existing Second Lien Deficiency Claims shall beAllowed in full and not subject to challenge, reduction, recharacterization, defense, offset, or counterclaims.
On or before the Effective Date, the Debtors or the Reorganized Debtors, as the case may be, shall execute the Creditor Trust Agreement and take all other necessary steps to establish the Creditor Trust and issue the Class A Units to holders of Allowed General Unsecured Claims, and the Class B Units to holders of the Allowed Second Lien Deficiency Claims.
This choice, dictated solely by administrative convenience, could not (and did not) change in any way the Second Lien Parties’ legal entitlement to their Allowed Second Lien Deficiency Claims or to distributions thereon under the Plan.
But permitting a vote on account of Second Lien Deficiency Claims inevitably requires a determination of the amount of such claims, particularly given the transparent intention of the Second Lien Creditors to use those claims to engineer the requisite two-thirds supermajority required to secure Class 5 acceptance of the Plan.
Yet, because the Second Lien Claims holders apparently wish to use their Second Lien Deficiency Claims to control the voting outcome in Class 5, the precise amount of those claims may be essential, and would require a full blown valuation hearing of the type that the Second Lien Settlement presumably was intended to avoid, just to determine whether Class 5 has accepted the Plan.
This assertion is simply a manifestation of the Lone Objector’s unhappiness with the settlement and the related fact that the Allowed Second Lien Deficiency Claims will have a significant impact on the overall vote of Class 5.
Moreover, pending any determination of the amount of the Second Lien Deficiency Claims, there is no reason why they should be fixed at anything greater than one dollar for voting purposes – the same as proposed for other unliquidated claims by the Debtors in the Motion.