EFTA01382628Set 10
2015-06-301p470w
senior secured rust lien notes due 2019, 8.875% senior secured first lien notes due 2020,
6.75% senior secured first lien notes due 2020 and. pro fonna, our 5.375% senior secured ... first lien notes due 2023 (collectively, the "first lien
notes"). Pro fonna reflects the issuance of the 5.375% notes and the redemption and/or repurchase of the 7.375% notes ... lien notes due
2022 (collectively, the "second lien notes" and, together with the first lien notes, the "senior secured notes").
(6) Represents the aggregate face amount of our 12.625% senior
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382628.pdf
They argue that the Second-Lien Notes are
subordinate to, for example, the First-Lien Notes--because, pursuant to the Intercreditor
Agreement, the liens supporting the Second-Lien Notes ... junior to the liens supporting
the First-Lien Notes—and that they are therefore subordinate to other Indebtedness of the
company.
The lower courts rejected this argument, and concluded that
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358962.pdf
context of a bankruptcy, id. at 335-38. The Subordinated
Notes holders, the First-Lien Notes holders, and the 1.5-Lien Notes holders [**10]
separately appealed.•
4 The appeals ... First-Lien Notes holders (No. 15-1682) and 1.5-Lien Notes holders (No. 15-1824) were consolidated and
heard in tandem with the appeal by the Subordinated Notes holders
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358960.pdf
Bankr. LEXIS 3926, 2014 WL
4436335, at *29.
At these rates, the First-Lien Note holders contend that they would have received around
r271 $150 million more than the Plan ... value of its allowed
claim ("28] immediately"); see also 15-1682 JA 3428 (First-Lien Notes holders' expert
testifying that because the First-Lien Notes holders "are pricing
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01358967.pdf
EFTA01382797Set 10
2017-03-241p560w
dollars, a base rate plus 300 basis points.
7.375% Senior Secured First Lien Notes
FIX's 7.375% senior secured notes due June 15, 2019 require the payment of interest semi ... notes, in
whole or in part, at established redemption prica.
8.875% Senior Secured First Lien Notes
FDC's 8.875% senior secured notes due August 15, 2020 require the payment ... prices, plus accrued and unpaid interest to the redemption date.
6.75% Senior Secured First Lien Notes
On July 21, 2014, the Company redeemed $753 million aggregate principal
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382797.pdf
EFTA01382860Set 10
2015-07-101p294w
were used to iedeuit $955 million of the Company's 7.375% senior secured
first lien notes due 2019. Associated with the redemption, the Company incurred $45 million in loss ... August 11, 2015, the Company issued $1.2 billion of 5.375% of senior secured first lien notes due 2023. Proceeds from this offering
were used to redeem and/or repurchase outstanding amounts ... under the Company's 7.375% senior secured first lien notes due 2019 and the
Company's 8.875% senior secured first lien notes due 2020. Associated with this transaction, the Company
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382860.pdf
EFTA01382838Set 10
2015-06-021p362w
were used to redeem $955 million of the Company's 7.375% senior secured
first lien notes due 2019. Associated with the redemption, the Company incurred $45 million in loss ... August 11, 2015, the Company issued $1.2 billion of 5.375% of senior secured first lien notes due 2023. Proceeds from this offering
were used to redeem and/or repurchase outstanding amounts ... under the Company's 7.375% senior secured first lien notes due 2019 and the
Company's 8.875% senior secured first lien notes due 2020. Associated with this transaction, the Company
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382838.pdf
EFTA01382657Set 10
2014-07-181p700w
August 11, 2015, we issued $1.2 billion of 5.375% of senior secured first lien notes due 2023. Proceeds from this offering were used
to redeem and repurchase outstanding amounts under ... senior secured first lien notes due 2019 and our 8.875% senior secured (IPA lien
notes due 2020 and pay related fes and expenses. On August 13, 2015, we completed
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01382657.pdf