Holdco Facilities definition
Examples of Holdco Facilities in a sentence
Each Group Creditor’s allocated proportion of Holdco Facilities Commitments (i.e. its EPM Entitlement), taking into account elections pursuant to the AFF Rolled Up Election, will be calculated pursuant Clause 8.3(a) (Calculation of EPM Entitlements) above.
The Holdco Facilities will provide financiers (“Financiers”) control rights with respect to the Holdco Group, as described in Part C.
Appointment: Governance Agreement to require the Trust to appoint nominees who are nominated in accordance with the Holdco Facilities.
Timing: Nomination rights are to be based on an assessment of Nominating Financiers' percentage holdings of the Holdco Facilities on each anniversary of Completion and (if applicable) on the date of any Transfer Notice.
Following the EPM Re-Run, Holdco will reallocate entitlements to Exit Instruments reserved for DOCA Creditors whose claims are ultimately rejected to the DOCA Creditors who would have been entitled to those Exit Instruments if such rejected claim had not been accounted for in the EPM.4 This reallocation process by Holdco will never result in a Holdco Financier's existing commitments under the Holdco Facilities being, withdrawn, cancelled, reduced, or transferred.
If a Financier or group of Financiers who are party to a formal cooperation, control, or similar agreement (other than, for the avoidance of doubt, the Holdco Finance Documents or the Opco Finance Documents) (such Financier or group of Financiers, the “Acquirer”) acquires or offers to acquire over 50% of the total amount of commitments under the Holdco Facilities (a “Control Trigger”), the Acquirer shall offer to acquire the commitments of each other Holdco Financier in full (a “Mandatory Offer”).
Where the Re-Allocation Conditions apply, the Holding Period Trustee shall not be required to make a transfer in accordance with the terms of an EPM Transfer Certificate until the re-allocation of Holdco Facilities Commitments pursuant to clause 5.2 (Re-allocation of Commitments) of the Holdco Common Terms Agreement has been completed and the Re-Allocation Conditions no longer apply.
Holdco Facilities and Opco Facilities will include conventional and Islamic facilities, subject to a common terms agreement.
Annex II sets out a matrix of reserved matters and a split between those that require approval of the Holdco Board and those that require approval under the Holdco Facilities (some may require both).
E = a DOCA Creditor’s EPM Recovery (which will exclude, for the avoidance of doubt, any recovery to which a Group Creditor would be entitled to in respect of a Group Creditor Claim which is an AFF Waived Claim or an Intra-Group Claim); A = the percentage of the AFF Rolled Up Elections that will be exercised to receive AFF Holdco Facilities Commitment Entitlements.