Examples of AMCAP Noteholders in a sentence
AMCAP Noteholders who are Beneficial Owners of the AMCAP Notes as of the Noteholder Record Date (i.e., December 8, 2008) are entitled to vote in Class 2 to accept or reject the Plan, and all such AMCAP Noteholders should receive the complete AMCAP Noteholder Voting Materials from the Ballot Agent.
AMCAP Noteholders will have accepted the Plan if (i) with regard to the AMCAP Notes that are actually voted, the holders of at least two-thirds in aggregate principal amount of such AMCAP Notes have voted to accept the Plan, and (ii) with regard to the AMCAP Noteholders who actually vote, more than one-half in number of such AMCAP Noteholders have voted to accept the Plan.
At the time of serving this Order, the Local Form “Ballot,” customized as required by Local Rule 3018-1 shall be served on all Class 4 creditors entitled to vote on the Plan, and a form of Noteholder Ballot to be agreed upon by the Debtor and SunTrust shall be served upon all Class 2 AMCAP Noteholders.
AMCAP Noteholders, not SunTrust, vote with regard to the AMCAP Notes Claim, both as to the Class 2 Allowed Secured Claim and any Class 3 Unsecured Claim of the AMCAP Notes.
Thereupon, and upon SunTrust’s making final disbursement to the AMCAP Noteholders and canceling the AMCAP Notes, the Indenture shall be deemed terminated and discharged.
The last day for filing or submitting a ballot accepting or rejecting the Plan is indicated above as “DEADLINE FOR FILING BALLOTS ACCEPTING OR REJECTING PLAN.” All parties entitled to vote should receive a ballot from the Plan Proponent (with respect to Class 4 general unsecured creditors), or the Ballot Agent, The Garden City Group, Inc.(with respect to Class 2 AMCAP Noteholders), as applicable, by mail pursuant to Paragraph 6(A) of this Order.
SunTrust will distribute such amounts in accordance with the terms and provisions of the Indenture, including without limitation payment first of the fees, costs, expenses and liabilities of SunTrust, and then to the AMCAP Noteholders, pro rata.
Such AMCAP Noteholders should receive Noteholder Ballots from the Ballot Agent.
Nothing in this Plan or the Confirmation Order until cancellation of the AMCAP Notes in accordance with this Plan shall be deemed to impair, waive, or discharge SunTrust’s rights, remedies, Liens and priorities or any other rights of SunTrust against any and all assets to be distributed to the AMCAP Noteholders.
Without limiting any other rights, remedies, liens and priorities of SunTrust under the Indenture or under any documents pertaining to the AMCAP Notes or the Indenture, SunTrust shall, prior to transfer to the AMCAP Noteholders, apply any cash proceeds received pursuant to this Plan toward satisfaction of the fees and expenses of SunTrust.