Class 3A Voting Condition definition

Class 3A Voting Condition means, collectively, (a) the voting requirements for Allowed Class 3A Claims to obtain the treatment under Section II.B.6.a rather then Section II.B.6.b, (b) the conditions in paragraph 10 of the DIP Lender Winddown Order and (c) the requirement that neither the Creditors' Committee nor the Liquidation Trust has objected to or challenged any Liens of the Government DIP Lenders or the U.S. Treasury as lender under the TARP Loan Agreement.
Sample 1Sample 2Sample 3
Class 3A Voting Condition means, collectively, (a) the voting requirements for Allowed Class
Sample 1Sample 2

Examples of Class 3A Voting Condition in a sentence

  • Notwithstanding anything in the Plan to the contrary, the Government DIP Lenders shall not provide funding for, and the DIP Collateral or the proceeds thereof shall not be used to pay, any Daimler Litigation Costs or Contingency Fees unless (A) the Class 3A Voting Condition is not satisfied and (B) the Government DIP Lenders otherwise agree in writing.

  • On the Effective Date, if the Class 3A Voting Condition is satisfied, the Litigation Manager will be appointed pursuant hereto.

  • If the Class 3A Voting Condition is not satisfied, no Litigation Manager will be appointed.

  • Unless the Class 3A Voting Condition is satisfied and the Available Net Daimler Proceeds exceed the Minimum Distribution Threshold, no distributions will be made to holders of Allowed General Unsecured Claims.

  • Notwithstanding the foregoing, if the Class 3A Voting Condition is satisfied, the Liquidation Trust may not abandon the Daimler Fund, the Daimler Litigation or the Daimler Proceeds.

  • If the Class 3A Voting Condition is satisfied, (i) the Cash in the Daimler Fund funded by the First Lien Daimler Contribution shall continue to be used to pay the Daimler Litigation Costs; and(ii) promptly after the conclusion of the Daimler Litigation, the receipt of the Daimler Proceeds, if any, by the Liquidation Trust and the payment of the Daimler LitigationCosts, the First Lien Agent shall receive the First Lien Daimler Fund Balance, if any.

  • Subject to Sections IV.G.2 and IV.H.2 of the Plan, from and after the Effective Date, (a) if the Class 3A Voting Condition is satisfied, the Litigation Manager, on behalf of the Liquidation Trust, will prosecute to conclusion or settle the Daimler Litigation; or (b) if the Class 3A Voting Condition is not satisfied, the Liquidation Trustee will manage the Daimler Litigation at the direction of both of the Government DIP Lenders.

  • All non-cash assets and their proceeds, net of closing, collection and/or carrying costs, are pledged to the Debtors’ secured lenders (excluding the Daimler Litigation, assuming that the Class 3A Voting Condition is satisfied).

  • Assuming that the Class 3A Voting Condition is satisfied, each holder of an Allowed Claim in Class 3A will receive, in full satisfaction of its Allowed Claim, as part of the settlement and compromise embodied in the Plan, a Pro Rata share of the Available Net Daimler Proceeds, subject to the Minimum Distribution Threshold.

  • Notwithstanding the foregoing, if the Class 3A Voting Condition is satisfied, theLiquidation Trust may not abandon the Daimler Fund, the Daimler Litigation or the Daimler Proceeds.

Related to Class 3A Voting Condition

  • Non-Voting Common Stock means the Non-Voting Common Stock, par value $0.01 per share, of the Company.

  • Non-Voting Shares means a particular Class of Shares that do not carry the right to notice of or to attend or vote at general meetings of the ICAV or the relevant Fund.

  • Subordinate Voting Shares means subordinate voting shares in the capital of the Company.

  • Special Voting Units means, collectively, special voting units of the REIT, and “Special Voting Unit” means any one of them.

  • Special Voting Share means, in relation to the Corporation, the Carnival Special Voting Share and, in relation to P&O Princess, the P&O Princess Special Voting Share.

  • Special Voting Unit means a special voting unit of the REIT;

  • Company Voting Securities means the combined voting power of all outstanding voting securities of the Company entitled to vote generally in the election of directors to the Board.

  • subordinate voting security means a restricted security that carries a right to vote, if there are securities of another class outstanding that carry a greater right to vote on a per security basis;

  • Class A Preferred Stock means the Class A Preferred Stock of the Company, par value $0.0001 per share.

  • Class LT-R Interest The residual interest in the Lower-Tier REMIC as described in the Preliminary Statement and the related footnote thereto.

  • Outstanding Company Voting Securities means outstanding voting securities of the Company entitled to vote generally in the election of directors; and any specified percentage or portion of the Outstanding Company Voting Securities (or of other voting stock or voting securities) shall be determined based on the relative combined voting power of such securities;

  • Qualifying Preferred Stock means non-cumulative perpetual preferred stock of the Corporation that (a) ranks pari passu with or junior to all other preferred stock of the Corporation, and (b) either (x) is subject to a Qualifying Replacement Capital Covenant or (y) is subject to Intent-Based Replacement Disclosure and has a provision that prohibits the Corporation from paying any dividends thereon upon its failure to satisfy one or more financial tests set forth therein, and (c) as to which the transaction documents provide for no remedies as a consequence of non-payment of dividends other than Permitted Remedies.

  • Class A Preferred Shares shall have the meaning ascribed to it in Section 2.4(a).

  • e-voting means voting using either the internet, telephone or text message; “e-voting information” has the meaning set out in rule 24.2;

  • Outstanding Voting Securities of any Person means the outstanding securities of such Person entitling the holders thereof to vote generally in the election of directors of such Person.

  • Voting Preferred Stock means, with regard to any election or removal of a Preferred Stock Director (as defined in Section 8(b) below) or any other matter as to which the holders of Series E are entitled to vote as specified in Section 8 of this Certificate of Designations, any and all series of Preferred Stock (other than Series E) that rank equally with Series E either as to the payment of dividends or as to the distribution of assets upon liquidation, dissolution or winding up of the Corporation and upon which like voting rights have been conferred and are exercisable with respect to such matter.

  • Aggregate Voting Interests The aggregate of the Voting Interests of all the Certificates under this Agreement.

  • Class C Shares means the shares of Class C common stock of the Company.

  • Rating Condition has the meaning specified in Section 2.06(c)(ii).

  • Class B Preferred Stock means the Class B Preferred Stock of the Company, par value $0.0001 per share.

  • non-voting security means a restricted security that does not carry the right to vote generally, except for a right to vote that is mandated, in special circumstances, by law;

  • restricted voting security means a restricted security that carries a right to vote subject to a restriction on the number or percentage of securities that may be voted or owned by one or more persons or companies, unless the restriction is

  • Multiple Voting Shares means the multiple voting shares in the capital of the Corporation;

  • Qualifying condition means a condition described in Section 26-61a-104.

  • Class A Stock means the Company's Class A Common Stock, par value $0.01 per share.