Second Lien Note Claims definition
Second Lien Note Claims means all Claims against any Debtor arising from or based upon the Second Lien Note Indenture or any other Second Lien Note Document, which principal outstanding as of the Petition Date was in the aggregate amount equal to approximately $350,000,000.00, plus all accrued but unpaid interest (including postpetition interest) at the applicable rate, costs, fees, indemnities, Second Lien Indenture Trustee Fees, and any Claims against the Debtors not duplicative of the foregoing, due, owing, and payable to the Second Lien Note Trustee, the Holders of Second Lien Note Claims, or their professionals pursuant to the Cash Collateral Order, including any professionals’ fees and expenses.
Second Lien Note Claims means any and all claims arising under the Second Lien Notes;
Second Lien Note Claims on the applicable distribution date, the holders of the Second Lien Note Claims shall receive their ratable interest in the Liquidating Trust. The holders of Second Lien Note Claims shall waive their superpriority administrative claims arising under the DIP Orders or otherwise on account of adequate protection. • General Unsecured Claims: on the applicable distribution date, the holders of allowed General Unsecured Claims shall receive their ratable interests in the Liquidating Trust. • Intercompany Claims: The Administrative Agent, in consultation with the Required Consenting Lenders, shall determine whether to cancel or reinstate any Intercompany Claims. • Equity Interests and 510(b) Claims: on the Effective Date, the existing equity interests in the Debtors (other than intercompany equity) shall be cancelled and the holders thereof shall receive no recovery, and holders of claims under Section 510(b) of the Bankruptcy Code shall receive no recovery.
Examples of Second Lien Note Claims in a sentence
Class 4 consists of all Second Lien Note Claims against (i) Hertz Corp.
Therefore, Holders of Allowed Second Lien Note Claims are not entitled to vote to accept or reject the Plan.
The Settling TCEH Second Lien Noteholders shall also use commercially reasonable efforts (which shall not include incurring any indemnification obligation) to cause the TCEH Second Lien Notes Trustee to amend or enter into any applicable agreements or take any actions reasonably necessary to cause this Settlement Agreement to bind, or to make this Settlement Agreement otherwise effective as to, any holders of TCEH Second Lien Note Claims not party hereto.
The EFIH Second Lien Settlement may be made available, at EFIH’s election, to other Holders of EFIH Second Lien Note Claims that sign the Restructuring Support Agreement.
For the avoidance of doubt, the Distribution Record Date shall not apply to the First Lien Claims, Second Lien Note Claims, Unsecured Funded Debt Claims, and HHN Notes Guarantee Claims, the Holders of which shall receive a distribution in accordance with this Article VI and, as applicable, the customary procedures of DTC or Euroclear, as applicable, on or as soon as practicable after the Effective Date.
More Definitions of Second Lien Note Claims
Second Lien Note Claims issued under the Indenture dated February 10, 2016, by and among VNR, VNR Finance Corp. and U.S. Bank National Association, as trustee.
Second Lien Note Claims unless the holders of Second Lien Notes are the successful bidders for the Purchased Assets, on the Effective Date, the holders of Second Lien Notes shall receive any remaining proceeds of the Purchased Assets after payment of: (1) the First Lien Payoff Amount, (2) any other secured claims that are determined to be secured by liens senior to the liens securing the Second Lien Notes and (3) the Wind Down Amount. For the avoidance of doubt, if the holders of Second Lien Notes are the successful bidders for the Purchased Assets, the treatment for Second Lien Note Claims shall be modified in accordance with the successful bid. • General Unsecured Claims (including Unsecured Note Claims2 and any unsecured deficiency portion of the Second Lien Note Claims (if applicable): on the applicable distribution date, holders of allowed General Unsecured Claims shall receive: (a) their ratable share of remaining proceeds from the sale of the Purchased Assets after payment of Second Lien Note Claims in full; and (b) their ratable interests in the Liquidating Trust. • Equity Interests and 510(b) Claims: on the Effective Date, the existing equity interests in the Debtors (other than intercompany equity) shall be cancelled and the holders thereof shall receive no distributions, and holders of claims under Section 510(b) of the Bankruptcy Code shall receive no recovery.
Second Lien Note Claims means all Claims against any Debtor arising from or based upon the Second Lien Note Indenture or any other Second Lien Note Document, including all accrued but unpaid interest, costs, fees, and indemnities, which principal outstanding as of the Petition Date was in the aggregate amount equal to approximately $350,000,000.00.
Second Lien Note Claims collectively, the “Consenting Second Lien Creditors”); and
Second Lien Note Claims and the holders thereof, the “Second Lien Noteholders”) arising under the indenture, dated as of November 5, 2010, pursuant to which the Company has issued certain second lien notes (such notes, the “Second Lien Notes”) shall be allowed in full in accordance with the terms of such indenture without defense, offset, counterclaim or reduction.1 In addition, the Plan of Reorganization shall provide that: (a) each Second Lien Noteholder shall receive its Pro Rata Share of 100% of the New Common Stock issued and outstanding upon the occurrence of the Effective Date (the “Direct Distribution Shares”) subject to dilution by New Common Stock issued under the Rights Offering (including the Backstop Commitment Premium) and any management incentive plan approved by the Board (as defined below) and as specifically set forth herein; and (b) in addition to the Direct Distribution Shares, each Second Lien Noteholder shall have the right to participate in the Rights Offering and receive its Pro Rata Share of the Rights Offering Shares (the “Subscription Rights”). “Pro Rata Share” means, with respect to any Second Lien Noteholder, the proportion that the principal amount of the Second Lien Notes held by such Second Lien Noteholder on the Record Date bears to the aggregate principal amount of all Second Lien Notes outstanding on the Record Date.
Second Lien Note Claims means any Claim arising under or in connection with the Second Lien Notes Indenture, including (a) the Series A Second Lien Note Claims, (b) the Series B Second Lien Note Claims, (c) the Series C Second Lien Note Claims, and (d) any Claims on account of the Subsidiary Debtors’ guarantee of Vertis’ obligations arising under or in connection with the Second Lien Notes Indenture.
Second Lien Note Claims consisting of approximately $812.8 million in aggregate unpaid principal, plus interest, fees and other expenses, of (a) the 8.625% Senior Secured Notes (the “8.625% Second Lien Notes”) under that certain indenture, dated as of May 1, 2015, by and among Holdings, as issuer, each of the guarantors named therein, and U.S. Bank National Association, as trustee (as amended, modified, or otherwise supplemented from time to time, the “8.625% Second Lien Note Indenture”) and (b) the 12.0% Senior Secured Notes (the “12.0% Second Lien Notes” and, together with the 8.625% Second Lien Notes, the “Second Lien Notes”) under that certain indenture, dated as of December 21, 2015, by and among Holdings, as issuer, each of the guarantors named therein, and U.S. Bank National Association, as trustee (as amended, modified or otherwise supplemented from time to time, the “12.0% Second Lien Note Indenture” and, together with the 8.625% Second Lien Note Indenture, the “Second Lien Note Indentures”) (the “Second Lien Note Claims”). Third Lien Note Claims: consisting of approximately $1.02 billion in aggregate unpaid principal, plus interest, fees and other expenses, of the Third Lien Notes under the Third Lien Note Indenture (the “Third Lien Note Claims”). Unsecured Note Claims: consisting of approximately $650.0 million in aggregate unpaid principal, plus interest, fees and other expenses, of: (a) the 8.875% Senior Unsecured Notes under the 8.875% Senior Unsecured Note Indenture; (b) the 9.25% Senior Unsecured Notes under the 9.25% Senior Unsecured Note Indenture; and (c) the 9.75% Senior Unsecured Notes under the 9.75% Senior Unsecured Note Indenture (the “Unsecured Note Claims”). Convertible Note Claims: consisting of approximately $290.0 million in aggregate unpaid principal, plus interest, fees and other expenses of the Convertible Note issued on February 8, 2012, pursuant to that certain Securities Purchase Agreement, effective December 21, 2011, by and between HALRES LLC (formerly Halcón Resources LLC) and RAM Energy Resources, Inc. (“Securities Purchase Agreement”) (the “Convertible Note Claims”).