Examples of Litigation Trust Interests in a sentence
In accordance with the Plan and the Implementation Agreement the majority of the Company’s assets were transferred to Newco and then transferred on to Newco II, with the exception of the shares of Sino Wood Partners Limited, which were transferred directly to Newco II.2 Litigation Trust Interests provide their holders with the right to receive cash distributions in accordance with the Litigation Trust Agreement, if any.
Such assignment shall constitute payment, by set-off, of the full principal amount of the Newco Promissory Notes and of a portion of the Affected Creditor Claims equal to the aggregate principal amount of the Newco Promissory Notes, the Litigation Trust Receivable and the fair market value of the Litigation Trust Interests so transferred (with such payment being allocated first to the Noteholder Claims and then to the Ordinary Affected Creditor Claims).
As reported in the 13th Report, the Unresolved Claims Reserve was to be established as the value and number of Newco Notes, Newco Shares and Litigation Trust Interests that would have been allocated to the Unresolved Claims if they were Proven Claims.
As noted above, the Litigation Trust Interests were registered in favour of Affected Creditors, the Unresolved Claims Escrow Agent and, as to 25% of the interests, the Noteholder Class Action Claimants.
The Unresolved Claims Escrow Agent shall forthwith, upon receipt of an Order of the Court or instruction of the Monitor directing the release of any Newco Shares, Newco Notes and/or Litigation Trust Interests from the Unresolved Claims Reserve, comply with any such Order or instruction.