Unsecured Financial Claims definition

Unsecured Financial Claims means those Claims against the Debtors in the principal amounts plus accrued and unpaid interest calculated by reference to the contract or non-default rate through the Petition Date as identified on the schedule attached hereto as Exhibit B, as such schedule may be amended, from time to time by the Debtors to increase the number and amount of the Claims listed thereon, including through the addition of one or more holders of Claims, in accordance with, but in any event subject to, Section 7.10(a).
Sample 1Sample 2
Unsecured Financial Claims means those Claims against the Debtors in the principal amounts plus estimated accrued and unpaid interest calculated by reference to the contract or non-default rate through the Petition Date as identified on the schedule attached hereto as Exhibit C, as such schedule may be amended, upon consultation with the Ad Hoc Committee and the Affiliated Parties, and filed with the Bankruptcy Court on or after the Petition Date.
Sample 1Sample 2

Examples of Unsecured Financial Claims in a sentence

  • To the extent the Deemed Exchange is treated as a recapitalization, a U.S. Holder’s aggregate tax basis in the New Secured Notes will equal the U.S. Holder’s aggregated adjusted tax basis in its Unsecured Financial Claims, and, in general, the U.S. Holder’s holding period for the New Secured Notes will include the U.S. Holder’s holding period for the Unsecured Financial Claims.

  • The amount of gain realized, if any, will equal the excess of the issue price (as discussed below) of the New Secured Notes over the relevant portion of the U.S. Holder’s adjusted tax basis in the Unsecured Financial Claims.

  • If neither the Unsecured Financial Claims nor the New Secured Notes are traded on an established market, then the New Secured Notes would have an issue price equal to its stated principal amount.

  • Consequently, a U.S. Holder should be considered to have exchanged such portion of its Unsecured Financial Claims for New Secured Notes as the fair market value of the New Secured Notes bear to the fair market value of the Unsecured Financial Claims.

  • To the extent required to take a reporting position for U.S. federal income tax purposes, the Debtors intend to take the position that none of the exchanges of Unsecured Financial Claims for New Secured Notes will constitute recapitalization exchanges, except for the exchange of the 11 3/8% Senior Notes.

  • There can be no assurance that the terms of any such alternative restructuring would be similar to or as favorable to holders of Credit Suisse Existing Secured Claims and Unsecured Financial Claims as those proposed in the Plan.

  • After the aforesaid transfer of Holding Company Unsecured Financial Claims Portion has taken place, the Holding Company will be the sole and absolute holder of all transferred Holding Company Unsecured Financial Claims Portion.

  • All known holders of Credit Suisse Existing Secured Claims and Unsecured Financial Claims entitled to vote on the Plan have been sent a Ballot together with this Disclosure Statement.

  • For example, using an exchange rate of RD$35 for each US$1, Tricom would issue RD$3,500 of value to Holding Company in shares of Tricom (700 shares of RD$5 each), in exchange for a contribution by Holding Company of US$100 of Dominican Holding Company Unsecured Financial Claims.

  • Commencing in 2001, a combination of macro-economic factors and circumstances specific to the Debtors contributed to a steady and significant decline in the Debtors’ operating performance and financial condition over the succeeding years and, ultimately, to the Debtors’ inability to satisfy the Unsecured Financial Claims and the decision to pursue a pre-packaged plan of reorganization.

Related to Unsecured Financial Claims

  • Structured Finance Obligation means any obligation issued by a special purpose entity secured directly by, referenced to, or representing ownership of, a pool of receivables or other financial assets of any Obligor (excluding any loan made to an operating business that buys, sells and/or liquidates such assets in the ordinary course of business), including (but not limited to) collateralized debt obligations, collateralized loan obligations, asset backed securities and mortgage backed securities or any re-securitization thereof.

  • General Unsecured Claims means Claims against any Debtor that are not Secured Claims, Administrative Claims, Priority Claims, Professional Compensation Claims, Intercompany Claims, or Equity Interests.

  • Unsecured Claims means claims which are not secured by any property of the Debtor’s Estate and which are not part of any other class defined in this Plan.

  • General Unsecured Claim means any Claim that is not a/an: Administrative Claim; DIP Facility Claim; Professional Fee Claim; Priority Tax Claim; Secured Tax Claim; Other Priority Claim; Other Secured Claim; Intercompany Claim; Prepetition Debt Claim; or 510(b) Equity Claim.

  • Unsecured Longer-Term Indebtedness means any Indebtedness for borrowed money of an Obligor that (a) has no amortization, or mandatory redemption, repurchase or prepayment prior to, and a final maturity date not earlier than, six months after the Maturity Date (it being understood that customary put rights or repurchase or redemption obligations (x) in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or (y) arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be “amortization”, “mandatory redemption”, “repurchase”, “prepayment” or a “final maturity date” for purposes of this definition), (b) is incurred pursuant to documentation containing financial covenants, covenants governing the borrowing base, if any, and portfolio valuation, and events of default that are no more restrictive than those set forth in this Agreement, and other terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower (it being understood that customary put rights or repurchase or redemption obligations (x) in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or (y) arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition), and (c) is not secured by any assets of any Obligor. For the avoidance of doubt, (a) Unsecured Longer-Term Indebtedness shall also include any refinancing, refunding, renewal or extension of any Unsecured Longer-Term Indebtedness so long as such refinanced, refunded, renewed or extended Indebtedness continues to satisfy the requirements of this definition and (b) any payment on account of Unsecured Longer-Term Indebtedness shall be subject to Section 6.12.

  • Senior means a person seventy years old or older.

  • Consolidated First Lien Indebtedness means Consolidated Total Indebtedness as of any date of determination that is secured by a Lien on any asset or property of the Borrower and its Restricted Subsidiaries, which Lien does not rank junior in priority to the Liens securing the Secured Obligations.

  • Total Unsecured Indebtedness means, as of any date of determination, that portion of Total Indebtedness which does not constitute Total Secured Indebtedness.

  • Unsecured Claim means any Claim that is not a Secured Claim.

  • Unsecured Shorter-Term Indebtedness means, collectively, (a) any Indebtedness of the Borrower or any Subsidiary that is not secured by any assets of any Obligor and that does not constitute Unsecured Longer-Term Indebtedness and (b) any Indebtedness that is designated as “Unsecured Shorter-Term Indebtedness” pursuant to Section 6.11(a).

  • Required Financial Statements has the meaning assigned to such term in Section 5.04(2).

  • Required Financial Information means, with respect to the applicable Calculation Date, (i) the financial statements of the Consolidated Parties required to be delivered pursuant to Section 7.1(a) or (b) for the fiscal period or quarter ending as of such Calculation Date, and (ii) the certificate of an Executive Officer of the Borrower required by Section 7.1(c) to be delivered with the financial statements described in clause (i) above.

  • Net Financial Debt ’ means “Gross Financial Debt” less “cash and cash equivalents”. This measure offers to the reader a global view of the Financial Debt without considering the payment terms and reduced by the effects of the available cash and cash equivalents to face these future payments.

  • Consolidated Senior Debt all Consolidated Total Debt other than Subordinated Debt.

  • Senior Unsecured Indebtedness means Indebtedness that is not subordinated to any other Indebtedness and is not secured or supported by a guarantee, letter of credit or other form of credit enhancement.

  • Consolidated First Lien Net Debt means, as of any date of determination, the aggregate principal amount of Consolidated Net Debt on such date that is secured by a Lien on any asset of the Borrower and its Restricted Subsidiaries as of such date, but excluding such Indebtedness to the extent secured on a junior lien basis to the Obligations.

  • Permitted Unsecured Refinancing Debt means Credit Agreement Refinancing Indebtedness in the form of unsecured Indebtedness (including any Registered Equivalent Notes) incurred by the Borrower in the form of one or more series of senior unsecured notes or loans; provided that (i) such Indebtedness constitutes Credit Agreement Refinancing Indebtedness and (ii) meets the Permitted Other Debt Conditions.

  • Consolidated Senior Indebtedness means, at any time, the amount of all Consolidated Indebtedness at such time, less the aggregate principal amount of all such Indebtedness outstanding at such time which is subordinated to the Obligations on customary market subordination terms reasonably satisfactory to the Administrative Agent.

  • Permitted Financial Indebtedness means Financial Indebtedness:

  • Financial Debt means a debt along with interest, if any, which is disbursed against the consideration for the time value of money and includes—

  • Consolidated First Lien Debt means, as to any Person at any date of determination, the aggregate principal amount of Consolidated Total Debt outstanding on such date that is secured by a first priority Lien on any asset or property of such Person or its Restricted Subsidiaries that constitutes Collateral.

  • Unsecured Debt means Debt which is not secured by any of the properties of the Company or any Subsidiary.

  • Unsecured Indebtedness means, with respect to any Person, all Indebtedness of such Person for borrowed money that does not constitute Secured Indebtedness.

  • Consolidated First Lien Secured Debt means Consolidated Total Debt as of such date that is not Subordinated Indebtedness and is secured by a Lien on all of the Collateral that ranks on an equal priority basis (but without regard to the control of remedies) with Liens on all of the Collateral securing the Obligations.

  • Selected Consolidated Financial Data and "Capitalization" fairly present the information set forth therein on a basis consistent with that of the audited financial statements contained in the Registration Statement.

  • Guarantor Senior Debt shall include the principal of, premium, if any, and interest on all Obligations of every nature of such Subsidiary Guarantor from time to time owed to the lenders under the Partnership Credit Facility, including, without limitation, principal of and interest on, and all fees, indemnities and expenses payable by such Subsidiary Guarantor under, the Partnership Credit Facility, and (y) in the case of amounts owing by such Subsidiary Guarantor under the Partnership Credit Facility and guarantees of Designated Senior Indebtedness, "Guarantor Senior Debt" shall include interest accruing thereon subsequent to the occurrence of any Event of Default specified in clause (h) or (i) of Section 6.01 relating to such Subsidiary Guarantor, whether or not the claim for such interest is allowed under any applicable Bankruptcy Law. Notwithstanding the foregoing, "Guarantor Senior Indebtedness" shall not include (i) Indebtedness evidenced by the Notes or the Guarantees, (ii) Indebtedness that is expressly subordinate or junior in right of payment to any other Indebtedness of such Subsidiary Guarantor, (iii) any liability for federal, state, local or other taxes owed or owing by such Subsidiary Guarantor, (iv) Indebtedness of such Subsidiary Guarantor to the Partnership or a Subsidiary of the Partnership or any other Affiliate of the Partnership, (v) any trade payables of such Subsidiary Guarantor, and (vi) any Indebtedness which is incurred by such Subsidiary Guarantor in violation of this Indenture.