Epstein Files Search

EFTA01376227Dataset 10

1p494w

…to modify the Investment Manager Incentive Fee Amount. (d) With the consent of the Required Redemption Percentage, the Trustee and the Co- Issuers may enter into one or more indentures supplemental hereto to issue Replacement Notes in connection with a Refinancing. No later than 15 Business Days prior to the execution of any proposed supplemental indenture pursuant to this Section 8.2 (except to the extent any such Person agrees to a shorter period or waives such notice), the Trustee…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376227.pdf

EFTA01365463Dataset 10

1p495w

…to modify the Investment Manager Incentive Fee Amount. (d) With the consent of the Required Redemption Percentage, the Trustee and the Co- Issuers may enter into one or more indentures supplemental hereto to issue Replacement Notes in connection with a Refinancing. No later than 15 Business Days prior to the execution of any proposed supplemental indenture pursuant to this Section 8.2 (except to the extent any such Person agrees to a shorter period or waives such notice), the Trustee…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365463.pdf

EFTA01376349Dataset 10

1p208w

… 106 Reinvestment Period 2 Reinvestment Requirements 31 Relevant Implementation Date 53 Relevant Member State 53 Replacement Notes 41 Required Redemption Percentage ii Restricted Period 62 Restricted Trading Condition 106 Revolving Credit Facility 106 Rule 144A 106 Rule 144A Global Security 106 S&P 106 S&P CDO Monitor 106 S&P CDO Monitor Test 106 S&P Matrix 117 S&P Rating 118 S&P Rating Schedule 117 S&P Recovery Rate 121 S&P Weighted Average Recovery Rate 107…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376349.pdf

EFTA01358961Dataset 10

1p512w

…the Senior-Lien Notes holders contend that the lower courts erroneously applied a below-market interest rate to their replacement notes. Third, the Senior-Lien Notes holders challenge the lower courts' rulings that they are not entitled to a make-whole premium. Finally, Debtors argue that we should dismiss these appeals as equitably moot. We find merit only in the Senior-Lien Notes holders' contention with respect to the method of calculating the appropriate interest rate for the replacement notes…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358961.pdf

EFTA01376240Dataset 10

1p335w

…the remaining amount to the Investment Manager in respect of the Investment Manager Incentive Fee Amount. (d) On each Redemption Date on which a Refinancing occurs, proceeds from the issuance of the Replacement Notes will be used to pay the Redemption Price of each Class of Redeemed Notes and any related expenses, and any remaining proceeds from the Refinancing of (x) each Class of Rated Notes or (y) the Lowest Ranking Class of Rated Notes will be distributed to the…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376240.pdf

EFTA01358965Dataset 10

1p639w

…Ct. Dec. 216 Second-Lien Notes are Senior Indebtedness. The judgment of the district court on that issue is, therefore, affirmed. p798] B As a consequence of rejecting the Plan, the Senior-Lien Notes holders received replacement notes which pay out their claim over time. [HN6] The Code permits debtors to make such "deferred cash payments" to secured creditors (i.e., to "cramdown"). 11 U.S.C. § 1129(b)(2)(A)(i)(II). However, those payments must ultimately amount to…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358965.pdf

EFTA01365620Dataset 10

1p715w

…Securities under die Priority of Principal Proceeds on the Redemption Date; provided that, by unanimous consent, any Class may agree to decrease the Redemption Price for that Class. "Refinancing Proceeds": Proceeds from a Redemption Financing or the issuance of Replacement Notes, as applicable. "Registered": With respect to any debt obligation issued by a United States person (as defined in the Code), a debt obligation (a) that is issued after July 18. 1984 and (b) that is in registered form for…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365620.pdf

EFTA01124657Dataset 9

2013-06-299p2,231w

…shops at RC & MH 6/29/13 - Landscaping, Paint, Irrigation & Wash Bay Complete. Welding, Woodshop, Mech Shop 80% complete Purchases Start End Total Est. Cost Notes Outside Pool Furniture Photo Investigating Options Pool Pace Clock 7/10/13 - Due on site Large Chrome Pool Clock Investigati Options Facial Machine to purchase Wells - Dakota & K Combined Usage as of date 6/14/13 8.03 afa 2014 Budget Bunkhouse Start End Total Est. Cost Window/Doors - Total Replacement Notes Photo EFTA01124665

https://www.justice.gov/epstein/files/DataSet%209/EFTA01124657.pdf

EFTA01376229Dataset 10

1p556w

…the Applicable Issuer will obtain Redemption Financing or shall issue Notes (the "Replacement Notes") with the terms, priorities and conditions set forth in a supplemental indenture and will redeem one or more designated Classes of Rated Notes ("Redeemed Notes") from the Refinancing Proceeds. No Refinancing will occur unless (i) the Investment Manager has consented, (ii) the Replacement Notes are issued pursuant to a supplemental indenture and (iii) the related proceeds are sufficient to pay the Redemption Prices of each Class…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376229.pdf

EFTA01365569Dataset 10

1p733w

…respect of each Class of Rated Notes that is not redeemed: and • the Trustee receives an opinion of counsel to the effect that the Refinancing will not alter the U.S. federal income tax characterization. as expressed at the time of issuance. of each Class of Rated Notes that will be Outstanding after such Refinancing. Expenses of the offering of the Replacement Notes will be paid from the offering proceeds and. if insufficient. as Administrative Expenses. CONFIDENTIAL - PURSUANT TO FED…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365569.pdf

EFTA01365401Dataset 10

1p582w

…located, (c) in which the obligor executes Underlying Instruments or (d) in relation to any payment, from or through which such payment is made. "Replacement Notes": The meaning specified in Section 9.1(c). "Required Redemption Percentage": With respect to (a) any Optional Redemption resulting from a Tax Event, the Holders of at least 66 2/3% of the Aggregate Outstanding Amount of the Subordinated Securities or a Majority of any Affected Class and (b) any other Optional Redemption, a…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365401.pdf

EFTA01365467Dataset 10

1p557w

…the Applicable Issuer will obtain Redemption Financing or shall issue Notes (the "Replacement Notes") with the terms, priorities and conditions set forth in a supplemental indenture and will redeem one or more designated Classes of Rated Notes ("Redeemed Notes") from the Refinancing Proceeds. No Refinancing will occur unless (i) the Investment Manager has consented, (ii) the Replacement Notes are issued pursuant to a supplemental indenture and (iii) the related proceeds are sufficient to pay the Redemption Prices of each Class…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365467.pdf

EFTA01365400Dataset 10

2011-02-241p445w

…of "P-1" from Moody's and at least "A-1" from S&P, or such other entity as is acceptable to each Rating Agency. "Reference Banks": Four major banks in the London interbank market selected by the Calculation Agent (after consultation with the Investment Manager). "Refinancing": The meaning specified in Section 9.1(a). "Refinancing Proceeds": Proceeds from a Redemption Financing or the issuance of Replacement Notes, as applicable. "Registered": With respect to any debt obligation issued by a…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365400.pdf

EFTA01376177Dataset 10

2011-02-241p444w

…of "P-1" from Moody's and at least "A-1" from S&P, or such other entity as is acceptable to each Rating Agency. "Reference Banks": Four major banks in the London interbank market selected by the Calculation Agent (after consultation with the Investment Manager). "Refinancing": The meaning specified in Section 9.1(a). "Refinancing Proceeds": Proceeds from a Redemption Financing or the issuance of Replacement Notes, as applicable. "Registered": With respect to any debt obligation issued by a…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376177.pdf

EFTA01358954Dataset 10

2015-05-041p481w

…interest the LLC had to pay senior- lien note holders. OUTCOME: The court of appeals affirmed the district court's judgment with respect to the priority of notes the LLC issued and the court's determination that senior-lien note holders' were not entitled to a make-whole premium, reversed the district court's judgment with respect to the method of calculating the interest rate on the senior-lien note holders' replacement notes, and remanded the case. CORE TERMS: holder…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358954.pdf

EFTA01365568Dataset 10

1p722w

…Equity Issuance will be treated as Interest Proceeds and/or Principal Proceeds at the discretion of the Investment Manager (on behalf of the Issuer). Subordinated Notes issued in connection with an Additional Equity Issuance will be issued pursuant to a supplemental indenture. The Co-Issuers may issue Replacement Notes in connection with a Refinancing. Surrendered Notes Notes may be tendered without payment by a holder to the Issuer or Trustee. Surrendered Notes will be submitted to the Trustee for cancellation…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365568.pdf

EFTA01358970Dataset 10

2018-05-041p423w

…The Senior-Lien Notes holders are not entitled to the make-whole premium. 3. The lower court erred in the process it used to calculate the interest rate applicable to the replacement notes received by the Senior-Lien Notes holders. On remand, the bankruptcy court should assess whether an efficient market rate can ber*391 ascertained, and. if so, apply it to the replacement notes. 4. We decline to dismiss any of these appeals as equitably moot. For the foregoing…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358970.pdf

EFTA01376178Dataset 10

1p581w

…located, (c) in which the obligor executes Underlying Instruments or (d) in relation to any payment, from or through which such payment is made. "Replacement Notes": The meaning specified in Section 9.1(c). "Required Redemption Percentage": With respect to (a) any Optional Redemption resulting from a Tax Event, the Holders of at least 66 2/3% of the Aggregate Outstanding Amount of the Subordinated Securities or a Majority of any Affected Class and (b) any other Optional Redemption, a…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01376178.pdf

EFTA01365575Dataset 10

1p655w

…Subordinated Securities. In addition, in connection with a Refinancing, the proceeds from the issuance of the Replacement Notes will be used to pay the Redemption Price of each Class of Redeemed Notes and any related expenses, and any remaining proceeds from the Refinancing of (x) each Class of Rated Notes or (y) the Lowest Ranking Class of Rated Notes will be distributed to the Subordinated Securities allocated in accordance with the Subordinated Securities Allocation 47 CONFIDENTIAL - PURSUANT TO FED. R…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365575.pdf

EFTA01358960Dataset 10

1p568w

…LLC, 2014 Bankr. LEXIS 3926, 2014 WL 4436335, at *2*11. It held the plan was fair to the Senior-Lien Notes holders because the 2012 Indentures did not require payment of the make-whole premium in the bankruptcy context and because the interest rate on the proposed replacement notes, even though well below a "market" rate, was determined by a formula that complied with the Code's cramdown provision. 2014 Bankr. LEXIS 3926, [WL) at *112132. The bankruptcy court…

https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358960.pdf