der CVA-Restrukturierungsschritte lt. SEAGLSW: "4.6 Restructuring Steps: Implementation As soon as reasonably practicable on or after the Implementation Commencement Date, and provided that the Implementation Conditions have been satisfied or waived (in accordance with Clause 20 (Amendments and waivers) and the approval of the proposed restructuring of the Convertible Bonds by the requisite majority of holders of such Convertible Bonds (as referenced in Clause 2.2.2(iv), by way of a company voluntary arrangement) has not lapsed or been revoked, the following steps shall commence (the “Restructuring Steps”): 4.6.1 Deferral of SIHPL guarantee liabilities Following a demand on the Existing SFHG Debt, by the SFHG Trustees, acting on behalf of the CB Creditors under the SFHG 2021 Convertible Bonds and the SFHG 2022 Convertible Bonds in accordance with those instruments, then the SIHPL Contingent Payment Undertaking shall be released dated and become effective in accordance with its terms. 4.6.2 Issue of debt by Lux Finco 1 and Lux Finco 2 (i) The following documents shall be simultaneously released, dated and become effective in accordance with their terms: (a) the New Lux Finco 1 21/22 Loan; (b) the New Lux Finco 1 23 Loan; (c) the SFHG-SIHPL Loan; (d) the SFHG-SIHL Loan; (e) the Lux Finco 1 Intercompany Agreement; (f) the 2021/2022 Contingent Payment Undertaking; (g) the 2023 Contingent Payment Undertaking; (h) provided that the SIHPL Contingent Payment Undertaking has not been released in accordance with Clause 4.6.1, the SIHPL Guarantee Obligation; (i) the Lux Finco 1 Intercreditor Agreement; (j) the New Lux Finco 2 First Lien Loan; (k) the New Lux Finco 2 Second Lien Loan; (l) the Guarantee Facility Transfer Deed; (m) the AIH Deed of Indemnity; (n) the Lux Finco 2 Intercompany Agreement; (o) the SEAG Contingent Payment Undertaking; (p) the Lux Finco 2 Intercreditor Agreement; (q) the Umbrella Agreement; (r) the LSW Consent Deed; (s) the SEAG Holding Period Agreement; and (t) the SFHG Holding Period Agreement. (ii) As soon as reasonably practicable, upon release: (a) SFHG shall give notice of the same to the New 21/22 SFHG Agent, the New 23 SFHG Agent, the Umbrella Agent, the Convertible Bondholders and the CVA Holding Period Nominee(s); and (b) the Company shall give notice of the same to the New First Lien SEAG Agent, the New Second Lien SEAG Agent, the Umbrella Agent and the CVA Holding Period Nominee(s)." |