Examples of Term Loan Secured Claim in a sentence
In general, to the extent that any exchange consideration received pursuant to the Plan by a U.S. Holder of a Term Loan Secured Claim, IPCo Notes Claim, Ongoing Trade Claim, or Other General Unsecured Claim is received in satisfaction of accrued interest or OID during its holding period, such amount will be taxable to the U.S. Holder as interest income (if not previously included in the U.S. Holder’s gross income).
The characterization of the Joinder Right and its subsequent exercise for U.S. federal income tax purposes— as the exercise of an option to acquire an investment unit comprised of a portion of the New Term Loans, New Equity Allocation or New Warrants or, alternatively, as an integrated transaction pursuant to which a portion of the New Term Loans, New Equity Allocation and New Warrants is acquired directly in partial satisfaction of a holder’s Term Loan Secured Claim or IPCo Notes Claim—is uncertain.
Another possible characterization is that the receipt and exercise of the Joinder Right could be treated as an integrated transaction pursuant to which a portion of the New Term Loans, New Equity Allocation and New Warrants is acquired directly in partial satisfaction of a holder’s Term Loan Secured Claim or IPCo Notes Claim.
If the transactions undertaken pursuant to the Plan constitute a Reorganization a U.S. Holder of an Allowed Term Loan Secured Claim that receives New Gymboree Common Shares and, if applicable, Subscription Rights in satisfaction of such Claim should recognize no gain or loss (or bad debt deduction) if such Claim qualifies as a security.
To the extent that the transactions undertaken pursuant to the Plan constitute a Taxable Transaction, a U.S. Holder of an Allowed Term Loan Secured Claim would be treated as exchanging its Claims for the New Gymboree Common Shares and, if applicable, Subscription Rights in a fully taxable exchange under section 1001 of the Tax Code.
In fact, perceived healthiness and product likability onlyhad a frequency of two each, meaning it is not a driver of importance to most of the respondents.
A U.S. Holder of an Allowed Term Loan Secured Claim who is subject to this treatment should recognize gain or loss equal to the difference between (a) the total fair market value of the New Gymboree Common Shares and Subscription Rights received in exchange for its Allowed Term Loan Secured Claim (subject to “Accrued Interest” discussed in Article XVI.C.8 herein) and (b) the U.S. Holder’s adjusted tax basis in its Allowed Term Loan Secured Claim.
If recognized gain is capital gain, it generally would be long-term capital gain if the U.S. Holder held its Allowed Term Loan Secured Claim for more than one year at the time of the exchange.
A U.S. Holder of a Prepetition Term Loan Secured Claim generally will be treated as having exchanged its Prepetition Term Loan Secured Claim for its Pro Rata Share of the New Units in an exchange governed by Section 721 of the Tax Code in which no gain or loss is realized (except as described below in “—Accrued Interest”).
If the Asset Sale Restructuring occurs, each Holder of an Allowed Term Loan Secured Claim shall receive its Pro Rata share of the Distribution Proceeds available for distribution to Holders of Allowed Term Loan Secured Claims from time to time as provided in Article VIII.G hereof, until such Allowed Term Loan Secured Claims are paid in full.