Deemed to Reject Clause Samples

Deemed to Reject. Intercompany Claims On the Plan Effective Date, Intercompany Claims shall be, at the option of the Company Parties, with the reasonable consent of the Required Consenting Creditors, either: (i) Reinstated; or (ii) distributed, contributed, set off, cancelled, released, or otherwise addressed in a manner determined by the Company Parties (without any distribution on account of such Claims). Unimpaired; Deemed to Accept / Impaired; Deemed to Reject.

Deemed to Reject. Existing Intercompany Claims On the Plan Effective Date, Intercompany Claims shall be, at the option of the Reorganized Debtors or the Company Parties, either: (i) reinstated; or (ii) set off, settled, discharged, contributed, cancelled, and released without any distribution on account of such Intercompany Claims, or otherwise addressed at the option of the Reorganized Debtors or Company Parties. Unimpaired; Deemed to Accept / Impaired; Deemed to Reject. Existing Intercompany Equity Interests On the Plan Effective Date, Intercompany Equity Interests shall be, at the option of the Reorganized Debtors or the Company Parties, either: (i) reinstated; or (ii) set off, settled, discharged, contributed, cancelled, and released without any distribution on account of such Intercompany Equity Interests, or otherwise addressed at the option of the Reorganized Debtors or Company Parties. Unimpaired; Deemed to Accept / Impaired; Deemed to Reject.

Deemed to Reject. 510(b) Claims 510(b) Claims shall be Unimpaired and shall, subject to treatment expressly set forth in the Plan with respect to such claim, continue in the ordinary course. Unimpaired; Presumed to Accept; Impaired;

Deemed to Reject. An Impaired Claim, the Holder of which is conclusively deemed to have rejected the Plan pursuant to section 1126(g) of the Bankruptcy Code. DIP TLC Facility A senior secured, debtor-in-possession “Term Loan C” and cash collateralized letter of credit facility in an aggregate amount not to exceed $750,000,000, under the DIP TLC Credit Agreement. DIP TLC Fee Claims Claims on account of the Structuring Fee and Fixed (Running) Cost (each as used or described in the DIP TLC Term Sheet) under the DIP TLC Facility, which Claims shall be Allowed super-priority administrative expenses pursuant to the DIP TLC Orders. Drawn DIP TLC Claims Claims on account of the principal face amount of obligations due or payable as of the Plan Effective Date under the DIP TLC Documents attributable to letters of credit drawn under the DIP TLC Facility. Drawn DIP TLC Equity Distribution A percentage of New Interests equal to: (i) the amount of Adjusted Drawn DIP TLC Claims divided by the sum of Total 1L/DIP Claims plus Adjusted 2L Notes Claims (ii) multiplied by 2.00, such percentage subject to dilution by the MIP and the New LC Equity Allocation; provided, that the percentage of the Drawn DIP TLC Equity Distribution shall never result in a lower recovery for all holders of both 1L Series 1 Notes Claims and 2L Secured Notes Claims taken as a whole than if (x) all Adjusted Drawn DIP TLC Claims were treated as 1L Notes Claims and (y) such holders had received no recovery on account of their 2L Notes Claims. Executory Contracts A contract to which one or more of the Debtors is a party and that is subject to assumption or rejection under sections 365 or 1123 of the Bankruptcy Code, including any modifications, amendments, addenda, or supplements thereto or restatements thereof. General Unsecured Claim Any unsecured Claim against any of the Debtors that is not: (a) paid in full prior to the Plan Effective Date pursuant to an order of the Bankruptcy Court, (b) an Administrative Claim, (c) a Professional Fee Claim, (d) a Priority Tax Claim, (e) an Other Secured Claim, (e) an Other Priority Claim, (f) an Intercompany Claim, or (g) any other Claim that is subordinated or entitled to priority under the Bankruptcy Code or any Final Order of the Bankruptcy Court. Governmental Unit As set forth in section 101(27) of the Bankruptcy Code. Holder An Entity holding a Claim or Interest, as applicable Impaired Any Claim or Class of Claims, which is impaired under the terms of the Plan pursuant to sect...

Deemed to Reject. Existing Equity Interests On the Plan Effective Date, all Existing Equity Interests shall be cancelled and each holder of Existing Equity Interests will receive: (a) if holders of Existing Equity Interests vote to accept the Plan, its pro rata share of 5.75% of the New Equity Interests, subject to dilution on account of the Employee Incentive Plan and the New Convertible Bonds (inclusive of the Management Commitment Convertible Bonds, the Rights Offering Convertible Bonds and the Premium Convertible Bonds). Each eligible holder of Existing Equity Interests will also receive the right to participate in the Rights Offering as set forth above. (b) if holders of Existing Equity Interests do not vote to accept the Plan, no distribution under the Plan. Impaired –

Deemed to Reject. General Unsecured Claims Holders of general unsecured claims shall not receive a distribution under the Chapter 11 Plan. Impaired – Deemed to Reject Convenience Class Claims Holders of general unsecured claims in an allowed amount of less than $10,000 (“Convenience Claims”) shall receive either: (a) cash equal to the full allowed amount of such holder’s claim or (b) such lesser treatment as may otherwise be agreed to by such holder, the Debtors, and the Majority Consenting Noteholders. Impaired – Deemed to Accept Equity Interests Existing Equity shall be cancelled and extinguished, and holders of Existing Equity shall not receive or retain any property or assets on account of such interests. Impaired – Deemed to Reject