Group Creditor definition
Examples of Group Creditor in a sentence
Except under Section 5.6(a)(iii), a direction to the Indenture Trustee to vote pursuant to Section 6.1(a)a.(A) or Section 6.1(a)b.(A) of the Master Collateral Agreement as a Group Creditor Representative for Group 1 to cause the Trust to sell the Group 1 Assets and, to the extent required, a portion of the Group Assets of any other Group, as set forth in Section 6.1 of the Master Collateral Agreement, must have been made by the Noteholders of 100% of the Note Balance of the Controlling Class.
The Deed Administrators will send the Claims Admission Notice to the address provided in the Proof of Debt relating to the relevant Group Creditor Claim, via the NMC Creditor Portal or to any email address notified to the Deed Administrators.
Without prejudice to Clause 9.7 (Postponement of Holdback Claims), a Group Creditor asserting a Security Interest will therefore be a Holdback Creditor unless and until the Determined Value of its Security Interest has been determined in accordance with this Clause 6.10.
The Deed Administrators will notify each Group Creditor by the DOCA Claims Notification Date by means of a formal notice of admission or rejection, as the case may be, of (i) their Group Creditor Claim; (ii) their Unsecured Group Creditor Claim; and (iii) (if applicable) the validity and value of any Security Interest claimed by that Group Creditor, in each case in its Proof of Debt (a “Claims Admission Notice”).
Litigation Entitlements shall be distributed to Admitted Group Creditors in accordance with Clause 12 (Post-Restructuring Litigation Recoveries), subject to such Admitted Group Creditor first complying with the Initial Distribution Requirements or the Subsequent Distribution Requirements (as applicable).
In accordance with and at the time specified in the Restructuring Implementation Deed, the Deed Company will fully and irrevocably release and discharge each Intra Group Creditor that is a Non-Transferring Subsidiary from any and all debts or liabilities payable by, and all claims against the Non-Transferring Subsidiary (present or future, certain or contingent, ascertained or sounding only in damages).
For the avoidance of doubt, the Master Collateral Agent shall have no duty or obligation to execute, authorize, file or provide any instruction with respect to any financing statement or amendment or continuation thereof absent receipt of written direction from the Majority Group Creditor Representatives.
The Deed Administrators shall be under no obligation to recognise any assignment or transfer of rights, benefits or interests in the Group Creditor Claims after the Record Date for the purposes of calculating DOCA Creditor Entitlements under this Deed and have no obligations hereunder to any person other than the Group Creditors as at the Record Date.
The relevant Group Creditor will be entitled to file one round of written submissions and supporting written evidence not longer than 5 pages, after which the Deed Company will be entitled to file one round of responsive written submissions and supporting written evidence.
Regardless of whether the claim is to be determined on paper or at a hearing, written submissions not exceeding 10 pages shall be filed by the Group Creditor and then the Deed Company, after which the parties must file a preliminary list of issues to be determined by the adjudicator, which will preferably be a joint agreed list.