Amended and Restated Settlement Agreement filed (5/30/12)
Wells Fargo Bank, N.A., as Subordinated Notes Indenture Trustee, DO S1 Limited, Loomis, Sayles & Company, L.P., solely in its capacity as a holder of NGC Trust Capital Income Securities and Claren Road Credit Master Fund Ltd. have become “Consenting Sub Debt Holders".
DH agrees to provide Wells Fargo, solely as trustee for the holders of the Subordinated Notes Claims, with an allowed subordinated unsecured claim in the amount of $222,513,384.51, consisting of (a) $206,200,000.00 in the principal amount of the Subordinated Notes and (b) $16,313,384.51 in accrued but unpaid interest.
For purposes of treatment of and distribution on the allowed subordinated unsecured claim described in the foregoing sentence, Dynegy and DH further agree to amend the Existing Plan to provide Wells Fargo, as Subordinated Notes Indenture Trustee, solely on behalf of the holders of the Subordinated Notes Claims, with solely an Allowed General Unsecured Claim in the amount of $55,000,000 against DH in exchange for and in full satisfaction of all Subordinated Notes Claims, which Subordinated Notes Claims shall be treated as set forth in the Plan Support Agreement (which treatment shall be the same as that received by the holders of Senior Notes) on a pari passu basis with all other Allowed General Unsecured Claims and shall not be subject to subordination.
Source: Epiq Systems [Docket 739]
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