RCG Indebtedness definition
RCG Indebtedness means the amount owed by the Debtor to RCG under the Note and secured by the Mortgage as the successor to PrivateBank. In addition, any amounts paid (a) either directly by RCG, or (b) from the RCG Collateral, to or for the benefit of an Entity holding an Allowed Claim, shall be deemed an addition to the RCG Indebtedness, except to the extent that RCG, in the exercise of its sole discretion, elects to be subrogated to the rights of any Entity which RCG pays, or which is paid from the RCG Collateral. For the avoidance of doubt, the RCG Indebtedness also shall include, to the extent permitted either under the Bankruptcy Code or applicable non-bankruptcy law, interest, fees (including, without limitation, attorneys’
RCG Indebtedness means the amount owed by the Debtor to RCG under that certain Promissory Note by and between the Debtor and PrivateBank dated as of December 7, 2009 in the amount of $12,258,454.70 (as amended from time to time, the “Note”) and secured by that certain Deed of Trust, Assignment of Rents, Security Agreement and Financing Statement by and between the Debtor and PrivateBank dated as of December 7, 2009 and recorded on December 14, 2009 as Document No. 2009E0125351 with the Jackson County Recorder of Deeds (the “Mortgage”). In addition, any amounts paid (a) either directly by RCG, or (b) from the RCG Collateral, to or for the benefit of an Entity holding an Allowed Claim, shall be deemed an addition to the RCG Indebtedness, except to the extent that RCG, in the exercise of its sole discretion, elects to be subrogated to the rights of any Entity which RCG pays, or which is paid from the RCG Collateral. For the avoidance of doubt, the RCG Indebtedness also shall include, to the extent permitted either under the Bankruptcy Code or applicable non- bankruptcy law, interest, fees (including, without limitation, attorneys’ fees), expenses, costs and all other amounts allowed under the RCG Loan Documents that have accrued after the Petition Date.