Term Loan Deficiency Claims definition

Term Loan Deficiency Claims means the First Lien Term Loan Deficiency Claims and the Second Lien Term Loan Deficiency Claims.
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Term Loan Deficiency Claims means any Claim arising under or related to the Term Loan Documents that is not a secured Claim as determined pursuant to section 506(a) of the Bankruptcy Code.
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Term Loan Deficiency Claims means claims arising from or related to the Term Loan Agreement and the Term Loans as of the Petition Date that are not secured claims pursuant to section 506(a) of the Bankruptcy Code. Backstop Commitment Pursuant to the Backstop Commitment Letter, the Initial Consenting Support Parties (in such capacities, the “Backstop Parties”) will, in the allocations set forth on Schedule I to the Backstop Commitment Letter, (a) provide 50% of the DIP Loans and Additional New Term Loans (the amount provided in this (a) being the “Backstop Minimum Allocation”) and (b) provide any DIP Loans and Additional New Term Loans not provided by Eligible Holders. The Backstop Parties will receive, in the allocations set forth in Schedule I to the Backstop Commitment Letter, a backstop premium (the “Backstop Premium”) earned upon execution of the Backstop Commitment Letter in an amount equal to 10% of the aggregate $400 million commitment amount, which Backstop Premium will be paid in New Common Shares issued to the Backstop Parties at the transaction enterprise value of $1,750,000,000 on the Effective Date and which will be subject to dilution by New Common Shares (a) issuable upon exercise of the New Warrants, (b) issued pursuant to the MIP, and (c) otherwise issued by the Reorganized Debtors after the Effective Date, including the Incremental Debt Equity; provided in the event of an Alternative Transaction (as defined in the TSA), the Backstop Premium will be payable as provided in the Backstop Commitment Letter. For the avoidance of doubt, the Backstop Parties shall be entitled to receive New Securities on account of the New Term Loans made pursuant to the conversion of DIP Loans acquired pursuant to the Backstop Minimum Allocation and also for any other New Term Loans made consistent with this Term Sheet.
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Examples of Term Loan Deficiency Claims in a sentence

  • SUCCESSOR GUARANTOR: LINDE PLC By: /s/ Xxxxxxxxxxx Xxxxxxx Name: Xxxxxxxxxxx Xxxxxxx Title: UK Permanent Representative LINDE GMBH By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Senior Counsel By: /s/ Xxxxxxxx xxx Xxxxxx Name: Xxxxxxxx xxx Xxxxxx Title: Senior Vice President Finance EMEA ISSUER: LINDE INC.

  • Holders of Allowed General Unsecured Claims in Class 6, including holders of Allowed Term Loan Deficiency Claims, are entitled to vote to accept or reject the Plan.

  • In the event of the subsequent disallowance of any Other General Unsecured Claims, a U.S. Holder of a previously Allowed Other General Unsecured Claim (other than holders of Term Loan Deficiency Claims) may receive additional post-Effective Date distributions subject to the treatment discussed above (see IX.B.2—“Holders of Class 6(a) Ongoing Trade Claims”).

  • Accordingly, there is currently no “small quantity” and nothing in respect of which you can take into account the fixing of appropriate charges.

  • The Disbursing Agent shall make periodic distributions, at his or her discretion, to each holder of an Allowed General Unsecured Claim (including Term Loan Lender Class 6 Creditors holding Allowed Term Loan Deficiency Claims) of its Pro Rata share of the distributions in respect of its Litigation Trust Interests.

  • For purposes of Article VI.F.2 and Article III.D.6 in relation to Litigation Trusts Interests, “Pro Rata” means, as to a particular holder of a Claim in Class 6, the ratio that the amount of such Claim held by such Class 6 Claim holder bears to the aggregate amount of all Class 6 General Unsecured Claims (including any Allowed Term Loan Deficiency Claims), and such ratio shall be calculated as if all Disputed Class 6 General Unsecured Claims are Allowed Claims as of the Effective Date.

  • Class 6 consists of all Allowed General Unsecured Claims, including the Allowed Term Loan Deficiency Claims against any Debtor.

  • The Holders of Term Loan Deficiency Claims shall not receive any distribution on account of such Claims and, subject to the occurrence of the Effective Date, such Term Loan Deficiency Claims shall be deemed waived.

  • The initial trustee(s) of the Litigation Trust shall be selected by the Debtors and Holders holding greater than 50% of the Prepetition Term Loan Deficiency Claims.

  • The holders of Allowed Term Loan Deficiency Claims shall not be required to waive any portion of their Allowed Term Loan Deficiency Claims if the holders of Class 6 Claims vote to reject the Plan.


More Definitions of Term Loan Deficiency Claims

Term Loan Deficiency Claims means claims arising from or related to the Term Loan Agreement and the Term Loans as of the Petition Date that are not secured claims pursuant to section 506(a) of the Bankruptcy Code.
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Related to Term Loan Deficiency Claims

  • Term Loan Claims means any Claim on account of, arising under, derived from, or based upon the Term Loan Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising thereunder or related thereto.

  • Deficiency Claim Amount has the meaning set forth in Section 5.5(a).

  • Deficiency Claim means any portion of a Claim (a) to the extent the value of the holder’s interest in Assets securing such Claim is less than the amount of such Claim or (b) to the extent the amount of a Claim is subject to setoff is less than the amount of the Claim, each as determined by § 506(a) of the Bankruptcy Code.

  • Deficiency Claim Date means, with respect to any Distribution Date, the fourth Business Day immediately preceding such Distribution Date.

  • DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.

  • Term Loan Obligations means the “Obligations” as defined in the Term Loan Credit Agreement.

  • Priority Claims means, collectively, Priority Tax Claims and Other Priority Claims.

  • First Lien Loan A Mortgage Loan secured by a first lien Mortgage on the related Mortgaged Property. Fitch: Fitch, Inc., or its successor in interest.

  • First Lien Last Out Loan means a loan that, prior to an event of default under the applicable Related Contract, is entitled to receive payments pari passu with other senior secured loans of the same Obligor, but following an event of default under the applicable Related Contract, such Collateral Loan becomes fully subordinated to other senior secured loans of the same Obligor and is not entitled to any payments until such other senior secured loans are paid in full.

  • Default Under First Lien With respect to each Second Lien Loan, the related First Lien Loan related thereto is in full force and effect, and there is no default, breach, violation or event which would permit acceleration existing under such first Mortgage or Mortgage Note, and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event which would permit acceleration thereunder;

  • Collateral Deficiency Amount With respect to any AB Modified Loan as of any date of determination, the excess of (i) the Stated Principal Balance of such AB Modified Loan (taking into account the related junior note(s) included therein), over (ii) the sum of (in the case of a Loan Combination, solely to the extent allocable to the subject Mortgage Loan) (x) the most recent Appraised Value for the related Mortgaged Property or Mortgaged Properties, plus (y) solely to the extent not reflected or taken into account in such Appraised Value and to the extent on deposit with, or otherwise under the control of, the lender as of the date of such determination, any capital or additional collateral contributed by the related Mortgagor at the time the Mortgage Loan became (and as part of the modification related to) such AB Modified Loan for the benefit of the related Mortgaged Property or Mortgaged Properties (provided, that in the case of an Outside Serviced Mortgage Loan, the amounts set forth in this clause (y) will be taken into account solely to the extent relevant information is received by the Special Servicer), plus (z) any other escrows or reserves (in addition to any amounts set forth in the immediately preceding clause (y)) held by the lender in respect of such AB Modified Loan as of the date of such determination. The Certificate Administrator, the Master Servicer and the Operating Advisor (other than with respect to any Collateral Deficiency Amount calculations that the Operating Advisor is required to review, recalculate and/or verify pursuant to Section 3.29) shall be entitled to conclusively rely on the Special Servicer’s calculation or determination of any Collateral Deficiency Amount.

  • First Lien Term Loans means the “Term Loans” as defined in the First Lien Credit Agreement.

  • Subordination Deficiency With respect to any Distribution Date, the excess, if any, of (a) the Specified Subordinated Amount applicable to such Distribution Date over (b) the Subordinated Amount applicable to such Distribution Date.

  • First Lien Loans means the loans made under the First Lien Credit Agreement.

  • Term Loan Collateral means all of the assets of any Grantor, whether real, personal or mixed, upon which a Lien is granted or purported to be granted to any Term Loan Agent under any of the Term Loan Collateral Documents.

  • Noteholder Claims means all Obligations in respect of the Notes or arising under the Noteholder Documents or any of them, including all fees and expenses of the Trustee thereunder.

  • Term Loan Facility means the Term Loan Commitments and the provisions herein related to the Term Loans.

  • Senior Priority Obligations as defined in the Base Intercreditor Agreement.

  • First Lien Notes means (a) senior secured loans or notes of the U.S. Borrower (which notes or loans may either be secured by a first priority Lien on the Collateral that is pari passu with the Lien securing the U.S. Obligations or may be secured by a Lien ranking junior to the Lien on the Collateral securing the U.S. Obligations, but shall not be secured by any assets that do not constitute Collateral securing the U.S. Obligations) incurred after the Amendment Effective Date (i) the terms of which do not provide for any scheduled repayment, mandatory redemption or sinking fund obligations prior to the latest Term Facility Maturity Date in effect at the time of the issuance thereof (other than customary offers to repurchase upon a change of control, asset sale or event of loss and customary acceleration rights after an event of default) and (ii) the covenants, events of default, guarantees, collateral and other terms of which (other than interest rate and redemption premiums), taken as a whole, are not more restrictive to the U.S. Borrower and the Subsidiaries than those set forth in this Agreement; provided that a certificate of the Chief Financial Officer of the U.S. Borrower delivered to the Administrative Agent in good faith at least three Business Days (or such shorter period as the Administrative Agent may reasonably agree) prior to the incurrence of such Indebtedness, together with a reasonably detailed description of the material terms and conditions of such Indebtedness or drafts of the documentation relating thereto, stating that the U.S. Borrower has determined in good faith that such terms and conditions satisfy the foregoing requirement shall be conclusive evidence that such terms and conditions satisfy the foregoing requirement and (b) loans or notes borrowed or issued in connection with any refinancing, refunding, renewal or extension of any First Lien Notes; provided that (i) in connection with any such refinancing, refunding, renewal or extension, the principal amount of any such Indebtedness is not increased above the principal amount thereof outstanding immediately prior to such refinancing, refunding, renewal or extension (plus unpaid accrued interest and premium (including tender premiums) thereon and underwriting discounts, defeasance costs, fees, commissions and expenses), (ii) such refinancing Indebtedness otherwise complies with this definition and (iii) if such Indebtedness being refinanced is not secured by a first priority Lien on the Collateral that is pari passu with the Lien securing the U.S. Obligations, then such refinancing Indebtedness may not be secured with a first priority Lien on the Collateral that is pari passu with the Lien securing the U.S. Obligations. Notes issued by the U.S. Borrower in exchange for any First Lien Notes in accordance with the terms of a registration rights agreement entered into in connection with the issuance of such First Lien Notes shall also be considered First Lien Notes.

  • Junior Priority Obligations means the Original Second Lien Obligations and any Additional Obligations constituting Junior Priority Debt.

  • DIP Facility Claim means a Claim arising under or as a result of the DIP Facility.

  • Other Priority Claims means any Claim, other than an Administrative Claim or a Priority Tax Claim, entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.

  • Performing Note Deficiency means any time that less than 65% of the then aggregate outstanding principal amount of all Equipment Notes are Performing Equipment Notes.

  • Additional First Lien Obligations means, with respect to any Series of Additional First Lien Obligations, (a) all principal of, and interest (including, without limitation, any interest which accrues after the commencement of any Bankruptcy Case, whether or not allowed or allowable as a claim in any such proceeding) payable with respect to, such Additional First Lien Obligations, (b) all other amounts payable to the related Additional First Lien Secured Parties under the related Additional First Lien Documents and (c) any renewals of extensions of the foregoing.

  • First Lien Loan Documents means the “Loan Documents” as defined in the First Lien Credit Agreement.

  • Prepetition Lenders means the lenders party to the Prepetition Credit Agreement.