Examples of IPCo Debtors in a sentence
Based on the Valuation Analysis set forth herein, the Debtors’ prepetition secured parties are not being repaid in full and as a result, any chapter 11 plan (regardless of substantive consolidation) that contemplates a distribution to general unsecured creditors of the Loan Debtors and IPCo Debtors must be contributed from the secured lenders.
In particular, the Term Lenders and IPCo Noteholders have validly perfected liens and security interests, as described herein, on substantially all of the Debtors’ assets that requires that their claims be repaid in full before general unsecured creditors of the Loan Debtors and IPCo Debtors would be entitled to a distribution.
Any arguments relating to the absolute priority rule, the “new value” corollary exception, and any unfounded arguments about market testing are inapplicable given that Class 6-B for the Loan Debtors have accepted the Plan.5 And although Deloitte voted in Class 6-B for the IPCo Debtors, there can be 5 As a factual matter, no prepetition equity interest holder is receiving any New Common Equity or other distribution under the Plan on account of their interests.
Thus, by theIPCo Collateral Valuation Motion, the Committee is seeking an order finding that (i) the secured portion of the IPCo Notes Claims does not exceed the IPCo Collateral Value Amount pursuant to section 506(a)(1) of the Bankruptcy Code and Bankruptcy Rule 3012 and (ii) any claimsasserted by the IPCo Noteholders in excess of the IPCo Collateral Value Amount are general unsecured claims against the IPCo Debtors.
The Claims in the following classes are impaired under the Plan and entitled to vote to accept or reject the Plan: • Class 4 Claims – Term Loan Secured Claims (Only Loan Debtors) • Class 5 Claims – IPCo Notes Claims (Only IPCo Debtors) • Class 6-A Claims – Ongoing Trade Claims (All Debtors)• Class 6-B Claims – Other General Unsecured Claims (All Debtors)18 For the avoidance of doubt, holders of Ongoing Trade Claims will be expressly designated as such in the Trade Agreements before the Voting Deadline.
Class 5 (IPCo Notes Claims) is impaired and entitled to vote, but this class is applicable only as to the IPCo Debtors.
The Claims in the following classes are impaired under the Plan and entitled to vote to accept or reject the Plan: Class 4 Claims – Term Loan Secured Claims (Only Loan Debtors) Class 5 Claims – IPCo Notes Claims (Only IPCo Debtors) Class 6-A Claims – Ongoing Trade Claims (All Debtors) Class 6-B Claims – Other General Unsecured Claims (All Debtors)24 For the avoidance of doubt, holders of Ongoing Trade Claims will be expressly designated as such in the Trade Agreements before the Voting Deadline.
The Claims in the following classes are impaired under the Plan and entitled to vote to accept or reject the Plan: • Class 4 Claims – Term Loan Secured Claims (Only Loan Debtors) • Class 5 Claims – IPCo Notes Claims (Only IPCo Debtors) • Class 6-A Claims – Ongoing Trade Claims (All Debtors)• Class 6-B Claims – Other General Unsecured Claims (All Debtors)24 For the avoidance of doubt, holders of Ongoing Trade Claims will be expressly designated as such in the Trade Agreements before the Voting Deadline.
As to the IPCo Debtors, whose Class 6-B voted to reject the Plan solely as a result of Deloitte’s vote, the record is abundantly clear that the Plan is fair and equitable given that IPCo Noteholders are not receiving more than the value of their claims.
The Claims in the following classes are impaired under the Plan and entitled to vote to accept or reject the Plan: • Class 4 Claims – Term Loan Secured Claims (Only Loan Debtors) • Class 5 Claims – IPCo Notes Claims (Only IPCo Debtors) • Class 6-A Claims – Ongoing Trade Claims (All Debtors) • Class 6-B Claims – Other General Unsecured Claims (All Debtors)24 For the avoidance of doubt, holders of Ongoing Trade Claims will be expressly designated as such in the Trade Agreements before the Voting Deadline.