Examples of AMCAP Notes 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.
If and to the extent that any holders of alleged Senior Indebtedness timely commence a Senior Indebtedness Subordination Proceeding within 15 days of the Effective Date, the Court will administratively consolidate such Proceedings and will determine whether the Class 2 or Class 4 AMCAP Notes Claim is subordinate to any such Allowed Class 3 Claims.
Upon such cancellation the AMCAP Notes will be of no further effect.
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.
Upon the final disbursement of monies by SunTrust to the AMCAP Noteholders, SunTrust will inform AMCAP Noteholders that such disbursement is the final distribution being made with regard to the AMCAP Notes and, with regard to the limited effect of the AMCAP Notes remaining after the actions described in Section 7.06 of this Plan, will thereupon cancel the AMCAP Notes.
If the Court determines by Final Order that the Class 2 or Class 4 AMCAP Notes Claim is subordinate to the Allowed Unsecured Claims for Senior Indebtedness, if any, then on the date such Order becomes a Final Order each Holder of an Allowed Class 3 Claim shall be entitled to receive its allocated share of the Senior Indebtedness Reserve in full satisfaction of its Allowed Claim.
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.