Examples of Synthetic Lease Lenders in a sentence
If the Synthetic Lease were characterized as a true lease, to retain this essential equipment, Fruit of the Loom would be required to make cash payments to the Synthetic Lease Lenders of in excess of $87 million on the Effective Date.
Fruit of the Loom has reviewed the Synthetic Lease and its constituent documents and believes that the proper characterization as either a true lease or a financing is not free from doubt, although it is more likely than not that the Synthetic Leases would be characterized as a financing; however, the Synthetic Lease Lenders would, of course, take the opposite view.
The representatives of the Synthetic Lease Lenders have agreed that the Synthetic Lease can be treated as a secured claim under the Plan, and to waive their right to be paid in full in Cash on the Effective Date, all as a part of, and contingent upon, the integrated settlements provided for in the Plan.
Pursuant to the settlement reached with the Synthetic Lease Lenders which is embodied in the Plan, for purposes of the Plan and the Scheme of Arrangement, the Synthetic Lease is being treated as a financing transaction, not a true lease.
In addition to the costs of litigation, if the Effective Date of the Plan were to occur while the litigation were pending, Fruit of the Loom would likely be required to pay the full cash amount payable to the Synthetic Lease Lenders, greatly increasing its immediate cash needs and straining Reorganized Fruit of the Loom's working capital availability.
The Synthetic Lease Lenders retained Winston & Strawn as their counsel and Morris, Nichols, Arsht & Tunnell as their Delaware counsel.
Each of the foregoing agreements granted the respective liens to the Prepetition Collateral Agent for the ratable benefit of the prepetition Secured Creditors other than the Synthetic Lease Lenders, who became the beneficiaries of those liens, mortgages, and pledges in July 1999.
The disclosure regarding the Cayman transaction, the Farley Guarantee and the granting of collateral to the holders of the Prepetition Secured Creditor Claims (now including the claims of the Synthetic Lease Lenders) was repeated in the prospectus issued in July 1999 which specifically noted that all of the liens had become effective and secured all of the Prepetition Secured Creditor Claims, before the 8-7/8% Notes were exchanged.
The 8-7/8% Notes were originally issued pursuant to a prospectus dated March 18, 1999, which disclosed the proposed Caymanization, the Farley Guaranty, and the granting of collateral to the Prepetition Secured Creditors (other than the Synthetic Lease Lenders).
Pursuant to the Synthetic Lease Credit Agreement, the Trustee transferred, conveyed, and assigned to CSFB, for the benefit of the Synthetic Lease Lenders, all of its right, title, and interest in the Synthetic Lease.