Examples of First Lien Credit Agreement Claim in a sentence
The First Lien Credit Agreement Secured Claims shall be Allowed in the aggregate principal amount outstanding under the First Lien Credit Agreement, plus interest (including default interest), fees, costs, charges, and other obligations thereunder (including call premium amounts and the exit fee due upon repayment of the First Lien Credit Agreement Claim), which such Allowed amount shall not be less than $114,000,000.
The following discussion assumes that each U.S. Holder of an Allowed Prepetition First Lien Credit Agreement Claim holds such Claim as a “capital asset” within the meaning of Section 1221 of the IRC.
Pursuant to the Plan, each U.S. Holder of such Allowed Prepetition First Lien Credit Agreement Claim shall receive its Pro Rata share of the New First Lien Term Loan A-2 Tranche and the New Equity, as further described above.
Except as otherwise provided in this Plan, on the Effective Date, in consideration for the distributions to be made on the Effective Date pursuant to this Plan, all Liens, charges, and encumbrances related to any Claim or Interest, other than any Lien securing an Other Secured Claim or a First Lien Credit Agreement Claim that is, in each case, Reinstated pursuant to this Plan, shall be terminated, null and void and of no effect.
Each U.S. Holder of an Allowed Prepetition First Lien Credit Agreement Claim should consult with its own tax advisor to determine whether or not the debt underlying its Allowed Prepetition First Lien Credit Agreement Claim is a “security” for U.S. federal income tax purposes.
All determinations with respect to employment agreements, compensation plans, and indemnification provisions, including with respect to assumption or rejection of such contracts and agreements, shall be acceptable to the AB Parties, in consultation with Riverstone (in the event that Riverstone’s First Lien Credit Agreement Claim is not paid in full by the proceeds of the Exit Facility).
On the Effective Date, each holder of an Allowed First Lien Credit Agreement Claim shall receive, in full and final satisfaction of its Allowed First Lien Credit Agreement Claim, New Interests equal to its Pro Rata New Interest Allocation, subject to potential dilution by the Management Incentive Plan.
If (and to the extent) a U.S. Holder’s First Lien Credit Agreement Claim (in whole or in part) does not constitute a “security” of UTEX Industries for U.S. federal income tax purposes, or the Exit Term Loan Second Out Loan received does not constitute a “security” of UTEX Industries for U.S. federal income tax purposes, the receipt of the New Equity Interests and the Exit Term Loan Second Out Loans will be a taxable transaction.
If (and to the extent) a U.S. Holder’s First Lien Credit Agreement Claim (in whole or in part) constitutes a “security” of UTEX Industries for U.S. federal income tax purposes and the Exit Term Loan Second Out Loans received also constitutes a “security” of UTEX Industries for U.S. federal income tax purposes, such holder’s exchange should qualify for “recapitalization” treatment.
All decisions regarding employment agreements, compensation plans, and indemnification provisions shall be acceptable to the AB Parties, who shall consult with Riverstone in the event that Riverstone’s First Lien Credit Agreement Claim is not paid in full by the proceeds of the Exit Facility.