Common use of PROPOSED PAYMENT OF PRINCIPAL AND INTEREST TO SECURED CREDITORS Clause in Contracts

PROPOSED PAYMENT OF PRINCIPAL AND INTEREST TO SECURED CREDITORS. The conditions to be set forth in this Chapter IV shall be reflected in new instruments (hereinafter the “New Indenture” and the “New International Bonds” and, together, the “New Instruments) which shall replace /i/ the instrument referred to as the “Indenture,” dated May 16, 2017, pursuant to which the Company undertook a placement of securities representing debt in the international markets under the auspices of Regulation 144A and Regulation S of the United States Securities and Exchange Commission and the Securities Act of 1933, through an agreement for the issuance of international bonds of Enjoy S.A. (hereinafter the “Indenture” and its bondholders, hereinafter the “International Bondholders”), and; /ii/ the debt instruments issued under said Indenture (hereinafter the “International Bonds”). This exchange will occur upon fulfillment of the Financing Condition (as described below in this Agreement), through the issuance and delivery of new International Bonds to be issued in two distinct tranches, aimed at Senior and Junior International Bondholders (as these terms are defined below in this Agreement) which shall be identical, with the exception of the aspects regulated in Numerals 3.- and 4.- of this Chapter IV. The New Instruments shall be issued as one or more global securities registered in the name of Cede & Co. as Registration Holder, and as nominee of The Depository Trust Company, in the same form as the International Bonds and the Indenture were issued. Once the Financing Condition is fulfilled, the International Bonds and the Indenture shall be considered canceled and shall not be retroactively valid as from the date of the Deliberative Meeting [Junta Deliberativa], and the New Instruments shall take their place. In all aspects not regulated by this Reorganization Agreement, the obligations of Enjoy S.A. as contained in the Indenture and in the International Bonds, including real and personal guarantees, shall be maintained in the New Instruments. To facilitate analysis of the changes proposed in this Chapter IV, attached as Appendix No. 1 is a summary of the principal changes to be made to the Indenture and the International Bonds. 1 Hereinafter, all references to figures in pesos refer to Chilean pesos. 1.- New term for repayment of the loans: 2.- Interest: a.- Interest accrued up to the date of the Deliberative Meeting:

Appears in 1 contract

Sources: Judicial Reorganization Agreement

PROPOSED PAYMENT OF PRINCIPAL AND INTEREST TO SECURED CREDITORS. The conditions Guaranteed creditors are holders of debt issued under the instrument referred to as the “Indenture,” dated May 16, 2017, supplemented by the instrument known as “Supplemental Indenture No. 1” dated May 30, 2017, entered into between the Company, as issuer, its guarantor subsidiaries (“Guarantors”) and Citibank N.A. as International Bondholders Representative or Trustee2 (hereinafter the “Indenture”), concerning the guaranteed bonds maturing in 2022 (10.50% Senior Secured Notes due to 2022) placed by the Company in the international markets under US Securities and Exchange Commission Rule 144A and Regulation S and the US Securities Act of 1933 (hereinafter the “International Bonds,” with their holders or final beneficiaries being the “International Bondholders”3) As explained further below, under the Agreement the International Bonds will be set forth in extended and, subject to the Renegotiation Conditions (as this Chapter IV shall be term is defined further below), renegotiated without intent to substitute, with said renegotiation reflected in a new instruments Indenture, new bonds, and the guarantee documents needed in 1 Hereinafter, all references to figures in pesos refer to Chilean pesos. 2 Pursuant to the document titled “Agreement of Resignation, Appointment and Acceptance” dated July 9, 2020 entered into between the Company, UMB BANK, N.A. and CITIBANK, N.A., UMB BANK, N.A. was appointed as “Trustee” for purposes of the Indenture. 3 After the exchange of the International Bonds for the New International Bonds, “International Bondholders” will mean the holders of the New International Bonds. order to extend, ratify and reserve the International Bonds’ current guarantees to the extended and restructured debt (hereinafter hereinafter, the “New Indenture” and the “New International Bonds” and, together, the “New Instruments) which shall replace /i/ the instrument referred to as the “Indenture,” dated May 16, 2017, pursuant to which the Company undertook a placement of securities representing debt in the international markets under the auspices of Regulation 144A and Regulation S of the United States Securities and Exchange Commission and the Securities Act of 1933, through an agreement for the issuance of international bonds of Enjoy S.A. (hereinafter the “Indenture” and its bondholders, hereinafter the “International Bondholders”), and; /ii/ the debt instruments issued under said Indenture (hereinafter the “International Bonds”). This exchange will occur upon fulfillment of the Financing Condition (as described below in this Agreement), through the issuance and delivery of new International Bonds to be issued in two distinct tranches, aimed at Senior and Junior International Bondholders (as these terms are defined below in this Agreement) which shall be identical, with the exception of the aspects regulated in Numerals 3.- and 4.- of this Chapter IV. The New Instruments shall be issued as one or more global securities registered in the name of Cede & Co. as Registration Holder, and as nominee of The Depository Trust Company, in the same form as the International Bonds and the Indenture were issued. Once the Financing Condition is fulfilled, the International Bonds and the Indenture shall be considered canceled and shall not be retroactively valid as from the date of the Deliberative Meeting [Junta Deliberativa], and the New Instruments shall take their place. In all aspects not regulated by this Reorganization Agreement, the obligations of Enjoy S.A. as contained in the Indenture and in the International Bonds, including real and personal guarantees, shall be maintained in the New Instruments. To facilitate analysis of the changes proposed in this Chapter IV, attached as Appendix No. 1 is a summary of the principal changes to be made to the Indenture and the International Bonds. 1 Hereinafter, all references to figures in pesos refer to Chilean pesos. 1.- New term for repayment of the loans: 2.- Interest: a.- Interest accrued up to the date of the Deliberative Meeting:

Appears in 1 contract

Sources: Judicial Reorganization Agreement (Yojne S.A.)